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Relocating in Florida after a Divorce

Posted by attorney Heather Quick

Florida Law has very strict laws regarding relocation and child custody after divorce or pending divorce. Many clients are in a position where they have a new job offer that will require relocation outside of Jacksonville. When there are minor children involved, the court requires you to either get consent from your ex-wife or ex-husband before you can move with the children. It is important for your divorce lawyer to explain the premise behind the laws, the better understanding you have the more equipped you can be for the upcoming court hearings. The courts are primarily concerned with the child's relationship with their parents and how the time-sharing/visitation arrangement if going to be affected. Secondly, the court is going to consider the purpose of the relocation and will that be in the best interest of the child. There are some cases where the parent with primary custody just wants to live elsewhere, sometimes for the purpose of getting away from their ex-spouse. Of course, this is not a winning argument if you are seeking court approval. The most common I see are for a job relocation, whether that is because of the parent or the parent's new spouse.

When a parent is seeking relocation after a divorce, the best advice your lawyer can give you is to follow the court procedure and don't just move without consent or approval of the court. The Judges, particularly in Jacksonville, do not take look favorably upon parents who willingly violate the Florida law.

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