Child Custody and Relocation: What to Consider

By David Roberts | Family Law Attorney
Posted on September 28, 2016

Dealing with the custody of a child after a divorce is a struggle for everyone involved. Ultimately, you want both parties to be satisfied with the decisions made, while trying to maintain the most normal lifestyle for the child. However, when changing residence becomes a factor, you must keep in mind a few things about your child before you decide to relocate.

How far are you moving?

Consider how far you are wishing to relocate. Florida Statute §61.13001 requires that if the custodial parent is moving more than 50 miles from their current residence, they must file for a petition. The noncustodial parent may or may not be notified, as discerned by the custodial parent. However, a parent must also consider what this puts the child through. If the relocation is approved, they will have the pressure of moving to a new school, finding new friends, and starting over. This could prove traumatic to a child, especially if it occurs right after a divorce case and the child is still feeling vulnerable.

Talk to the other party

Always try to come to an agreement. Both parties have the opportunity to talk out the possible relocation and come to an understanding. By consulting to a written agreement, it can cut a lot of the stressful and possibly traumatic experiences a disagreement could cause. This saves a lot of time and frequently does not need the ratification of the Court. By coming to an agreement, you eliminate stress and heavy emotions of your child as well.

To the noncustodial parent

It can be hard to deal with the relocation of your child , but it is important to keep in mind what is best for them. If you feel that the relocation of your child has no benefit to the growth or development of your child, or may even be harmful, you can try and prevent it. You must be careful, however, to not let your own feelings get in the way of what may be a wonderful opportunity for your child.

If you are considering relocating you and your child , wish to prevent relocation, or have any other questions about child custody and relocation issues, call The Roberts Family Law Firm in Central Florida at (407) 426-6999. You may also fill out the online form provided on this page and one of our highly experienced Orlando family law attorneys will contact you shortly. We represent clients in Orlando, Winter Park, Kissimmee and throughout Central Florida. Free parking available.

David Roberts
Family Law Attorney