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

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

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Attorney answers 4

Posted

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.

Asker

Posted

Yes the move is more than 50 miles away, and I was not planning on moving without his permisson or the courts permission. I wanted to see if it was even worth the money on an attorney to petition the court for it. I've heard it is very diffcult to relocate with children, and many fail

Jennifer Ann Jacobs

Jennifer Ann Jacobs

Posted

You have to be able to show why the move is in the child's best interest. It is quite rare that a parent seeks to move because of something involving the child (usually it is for a better job or to be closer to family etc.) that is why many fail. I think your basis is one of those rare times that you appear to be acting solely in the child's best interest and it is definitely worth a shot.

Posted

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.

Asker

Posted

Yes I will meet him halfway and give him the entire summers and every other weekend still, just minus Sunday night. I am postive he will not agree to this move though. Do you know about the time frame for this is? I would like to be there by August of this yr so he can start at the begining of the school yr. Also what if once I file this petition, then he agrees to split the cost of tution (which i'm sure he will suddenly do), can I still move fwd with the petition to relocate? The school cost 800/mth so I will be saving 400/mth if he goes to the school in tampa

Posted

I agree with the above attorneys' advice

the information provided above is for information purposes only and you should consult an attorney for specific answers to your case

Posted

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 1988. Attorney Batista provides answers to these legal questions for educational and informational purposes only, and not as a substitute for an in-person meeting with an attorney. No attorney-client relationship is created by this generic legal answer. If you would like to consult with an attorney, please feel free to call or email me to set up an appointment, or contact any of the attorneys in your area.