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I want to relocate out of Florida, to Virgina with my 2 kids.

Cape Coral, FL |

What is the process to do this, when the other parent will not agree to the relocation? We are divorced for 3 years, and the kids stay with me during the week, and go to him every other weekend and we rotate weeks in the summer. My reason for moving is I have family out there, and a great job opportunity, and a good school for my special needs child that goes year round, and is state funded. So it will not cost anything for him to attend the school.

Attorney Answers 4

Posted

It's sound like you have solid reasons to request an order allowing relocation with your children. You would begin the process by filing a Petition to Permit Relocation with Minor Children (“Petition”). The Petition requires:

a) Address and phone number of the new residence.
b) The date of the proposed relocation.
c) A detailed statement providing the reason for the relocation.
d) A proposed relocation time-sharing schedule that includes logistical issues, such a travel arrangements.
e) Clear notice to the other parent that they must object to the Petition with 20 days after service of the Petition.

Here are some of the factors a court will consider when ruling on a Petition:

a) The nature, quality and extent of the child(ren)’s involvement with the parents, family and other persons in the child(ren)’s life.
b) The age and development stage of the child(ren), including any disabilities.
c) The child(ren)’s preference.
d) Will the relocation enhance the quality of life of the child(ren) and parent.
e) The reason for the relocation, including whether or not the parent seeking or opposing the relocation is doing so in good faith.

It would be wise to consult with an attorney in S. Fla. before moving forward with a Petition

(P) 904-339-5298. This Avvo.com answer is to provide general information and a general understanding of the law, not to provide specific legal advice. No attorney/client relationship is formed unless you and I enter into a written signed fee agreement.

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Posted

You may also want to consider mediation. It is likely to be required by the court in any case, and if you think there is any way that your ex could be persuaded to agree if he felt that his relationship with his children could continue to be strong, then it would allow the two of you to have more control over the outcome.

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2 comments

Asker

Posted

There is not a chance in the world that their dad will agree. We have 5 year old triplets. One who extremely developmentally delayed. He functions on the level of an 18month old.

Heather Morcroft

Heather Morcroft

Posted

Oh. Well then, I would definitely consider getting an attorney to help you with your motion to relocate.

Posted

I agree with my colleagues' responses. A petition for relocation is usually a highly contested issue. You should contact a local family law attorney.

The answer to any question is for general purposes only and does not establish an attorney/client relationship. Call today if you would like a free initial consultation.

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Posted

A motion for relocation is the correct option as previously stated by my colleagues. While it is hotly contested for obvious reasons, it has become a more viable alternative than in the past. Off course you should retain private counsel for said issue.

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