Relocation Lawyer in Pensacola, FL

Helping You Navigate Relocation After Divorce

Life is full of changes, and sometimes those changes involve relocating to a new city, state, or even country. If you share custody of your children after a divorce, relocating can complicate matters, especially if your new home is more than 50 miles away from the location specified in your divorce agreement.

Whether it’s a job opportunity, a new relationship, or a need to be closer to family, relocating after a divorce is not always straightforward. At Craig A. Vigodsky, P.A., we’re here to help you navigate the legal process of requesting a relocation modification to your custody or visitation arrangements.

What is Relocation in Family Law?

In family law, relocation refers to a significant change in the primary residence of a parent or caretaker. If the new residence is located 50 miles or more from the original home listed in your divorce orders, it may require legal modification of your parenting plan or time-sharing agreement. Additionally, the new home must be permanent, staying in place for at least 60 consecutive days, excluding temporary absences like vacations or trips for work or health care.

Relocation is often necessary due to changes in life, such as a new job, remarriage, or financial shifts. However, it’s important to know that relocating with children requires approval from the court, especially if it affects existing custody or visitation arrangements.

When Can a Relocation Petition Be Approved?

A judge can approve a relocation petition in a few situations, including:

• When all parties agree: If both parents agree to the move and any new arrangements, the court is likely to approve the relocation.
• Best interests of the child: If the relocation is deemed to be in the child’s best interest, the judge may approve the petition.
• No objections: If the other parent is properly notified and does not object to the move within a specified time frame, the relocation may be approved.

In many cases, a new parenting plan needs to be presented, outlining the adjustments in visitation or custody that will accommodate the move. This might also include a breakdown of new costs and travel arrangements.

Need Help with Your Relocation Petition?

Relocating more than 50 miles after a divorce can be a complicated process. You’ll need to show the court how the move will affect your existing custody or visitation arrangement and how you plan to handle any changes.

If you’re facing a relocation situation, Craig A. Vigodsky can help. With years of experience in family law, we provide expert legal assistance to help ensure your relocation request is handled efficiently and in your family’s best interest.

Frequently Asked Questions About Child Relocation in Florida

1. How far can I move with my child without court approval in Florida?
Under Florida law, the parental relocation statute generally applies when a parent changes their principal residence at least 50 miles from the residence identified by the statute and remains there for at least 60 consecutive days, excluding certain temporary absences. Moves that do not meet this definition may still be subject to existing court orders or other legal requirements. Review your parenting plan before moving.

2. Can I move out of state with my child after a divorce in Florida?
You may be able to move out of state with your child, but if the move qualifies as a relocation under Florida law, you generally must obtain the other parent’s agreement through the required legal process or court approval. You should not assume that an existing parenting plan gives you permission to relocate. The court will consider the child’s best interests if the move is contested.

3. Do I need the other parent’s permission to relocate with my child in Florida?
If the proposed move qualifies as a relocation under Florida law, you generally need a written agreement that meets the statutory requirements or court approval. If the other parent objects, you must follow the legal process for resolving the dispute before relocating. Informal conversations or verbal consent may not satisfy the requirements.

4. What is a relocation petition in Florida family law?
A relocation petition is a formal court filing requesting permission to move a child when the parents have not reached a qualifying agreement. The petition must include information such as the proposed new residence, the intended moving date, the reasons for the move, and a proposed revised time-sharing schedule and transportation arrangements. The other parent must be properly served.

5. What factors does a Florida court consider when deciding whether a child can relocate?
Florida courts evaluate whether the proposed relocation serves the child’s best interests. Factors include the child’s relationships with each parent, educational and developmental needs, the feasibility of maintaining contact with the nonrelocating parent, the reasons for the move, and the potential effect on the child’s quality of life. The relocating parent has the initial burden of proving that relocation is in the child’s best interests.

6. Can I stop my ex from moving away with our child?
You may challenge a proposed relocation by filing a timely written objection that meets Florida’s legal requirements. The objection must identify the factual reasons for opposing the move and address your involvement in the child’s life. If you receive a relocation petition, you generally have 20 days after service to file and serve a written objection. Prompt legal advice can help you protect your rights.

7. What happens if a parent moves with a child without court approval?
Moving a child in violation of Florida’s relocation requirements can result in serious legal consequences. Depending on the circumstances, the court may order the child’s return, find the parent in contempt, consider the unauthorized move in later parenting-plan proceedings, or award attorney’s fees and costs. Parents should understand the applicable requirements before making a relocation that affects court-ordered time-sharing.

8. Can my parenting plan or visitation schedule change after a relocation?
Yes. When relocation is approved, the court may establish a revised parenting plan and time-sharing schedule to account for the distance between the parents. The revised arrangement may address school breaks, holidays, transportation, travel expenses, and phone or video communication. The goal is to preserve the child’s meaningful relationship with both parents when consistent with the child’s best interests.

9. How long does a child relocation case take in Florida?
The timeline depends on whether the parents agree, the complexity of the dispute, the evidence required, and the court’s schedule. Contested relocation cases may require temporary hearings or a trial. Florida law provides priority for relocation proceedings, including specific timelines for certain hearings when statutory conditions are met, but the total time needed to resolve a case varies.

10. Do I need a relocation lawyer in Pensacola, Florida?
A family law attorney can help you determine whether your planned move qualifies as a relocation under Florida law, prepare the necessary petition or objection, gather evidence, and develop a proposed parenting schedule. If you are seeking to relocate with your child or oppose a move by the other parent, a Pensacola relocation lawyer can explain your options and help you navigate the legal process.

Craig A. Vigodsky, P.A. assists families in Pensacola and throughout the Florida Panhandle with family law and child relocation matters. Contact the firm to discuss your circumstances and learn about your legal options.

Contact Us Today

If you’re considering relocating and need help modifying your custody or visitation arrangement, reach out to Craig A. Vigodsky, P.A. for a consultation. We’ll work with you to ensure the transition is smooth and in line with the law.

Call (850) 912-8520 or contact us online to discuss your options.