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What You Need to Know About Moving After a Divorce

Blog 2017 November What You Need to Know About Moving After a Divorce
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What You Need to Know About Moving After a Divorce

Posted By Stepniak & Park || 16-Nov-2017

After a divorce your life may change drastically, and sometimes it’s necessary to start over with a move. A new job, family obligations and other factors can lead you to relocate, but if you have children, packing up your bags and leaving isn’t as easy as you may think.

Mutual Relocation

Florida defines a relocation as a parent moving 50 miles or more from their current residence, for at least 60 days. If a parent does decide to move with their children, they can come to an agreement by signing a written contact that includes the terms of the move and new custody arrangements. The contact must:

  • Show that both parents agree to the relocation
  • Set a time-sharing schedule for the non-relocating parent
  • Include how the parents will transport their children for visitation

Once the contract is drafted and signed, it can be filed with the court and requested to be ratified without the parents having to attend a hearing.

Petition to Relocate

If the parents don’t agree on relocation terms, the parent who wishes to move must file a petition to relocate with the court and serve the papers to the other parent. The petition must include the following:

  • Address and phone number of the new home
  • Date of proposed move
  • Reasons for the move, including a job offer letter, if applicable
  • Visitation schedule
  • Plan for transportation

A non-relocating parent then has 20 days to file a response. If they don’t the relocation request may be granted without a hearing. During the hearing, the court will decide whether the move is in the child’s best interests by looking at many factors, including the child’s relationship with both parents, the parents’ reasons for and against relocation and whether the move is necessary for financial reasons.

If you or your child’s other parent is attempting to relocate with a child, please contact our Daytona Beach divorce attorneys at Law Offices of Robert Stepniak today.

Call (386) 253-4750 or contact us online for a free consultation.

Categories: Divorce

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Daytona Beach, FL 32114

Toll Free: (877) 256-4750
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Satellite Office: Deland/Deltona

120 S. Woodland Blvd.
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DeLand, FL 32720
Toll Free: (877) 256-4750
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    150 S. Palmetto Ave., Suite 100
    Daytona Beach, FL 32114
    Toll Free: (877) 256-4750
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    120 S. Woodland Blvd.
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