Relocating in Florida with 2 minor kids. Will I be allowed to relocate to Tampa, Fl with the children based on the below:

Asked over 1 year ago - Naples, FL

I live in Naples, FL and I have shared custody of my 2 kids with my ex. He gets them every other Fri-Mon, half of summer, every other spring break, and rotating holidays. One of our kids is disabled. There is a school out here that I want to place him in but my ex will not agree because of the cost of tution.( Which I agreed to split with him, and he makes plenty $ to cover this cost). He still refuses. I located a school in Tampa, FL that can accomade our son's needs, and it cost nothing. It is funded by the County. I would like to relocate to Tampa so son can attend this school, seeing how he is not getting his needs met at the current school he is in. Our son is 6 and he functions on the level of a almost 2 yr old. Our daughter is 4 and not in school yet. I have family in Tampa also

Attorney answers (4)

  1. Jennifer Ann Jacobs

    Contributor Level 16

    3

    Lawyers agree

    Answered . You will need to file a Petition to Relocate if you are planning to move more than 50 miles away. If you move without your ex's permission or the court's permission you will be in violation of Florida Statutes. This sounds like a valid reason that a Judge will likely grant, but you will still have to follow the proper procedures.

  2. Joseph Peyton Lea III

    Contributor Level 11

    1

    Lawyer agrees

    Answered . F.S. 61.13001 provides for a situation like this. This statute is for a parent wishing to relocate more that 50 miles from the current residence.
    Since your ex will not agree to split the cost of the school, you should file a Petition to Relocate.
    Considering the reason for the relocation, a better school for your disabled child, I don't see why the Judge would deny your petition. You may have to split the driving to provide your ex with the current time schedule in existence.

  3. Alberto Victor Batista

    Contributor Level 10

    Answered . You should ask your attorney to file a motion for the school tuition costs, since the court can authorize that.

    If you move to Tampa, you may be requested to drive your children down to Naples every other weekend and whatever other time-sharing is arranged. That can end up very time-consuming and expensive.

    If your Ex can afford the school, and it is to the benefit of the child, the court would probably rule in your favor, based on the "Best Interests of the Child" doctrine.

    Call 239-272-9327 to make an appointment for a free consultation. Mr. Batista is a member of the Florida Bar since... more
  4. John Naumovski

    Pro

    Contributor Level 13

    Answered . I agree with the above attorneys' advice

    the information provided above is for information purposes only and you should consult an attorney for specific... more

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