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

Asked almost 2 years ago - 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)

  1. Christopher Michael Taylor

    Pro

    Contributor Level 9

    2

    Lawyers agree

    1

    Answered . 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,... more
  2. Heather Morcroft

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 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.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more
  3. Joseph Cerino

    Pro

    Contributor Level 11

    Answered . 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.... more
  4. Michael Maz Raheb

    Pro

    Contributor Level 11

    Answered . 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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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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