Michael E. Golub, P.A.

How should you handle relocating with your kids?

While a strong sense of loss is almost certain to accompany your divorce, there may also come a small degree of excitement at the unknown prospects that may lay ahead of you. As you move on in your personal life, the opportunity may even present itself to move away from Tavares. Of course, when you have children, that can present certain challenges, especially in light of your custody agreement with your ex-spouse. 

In the context of custody issues, Florida's state statutes determine relocation to be moving to a new residence at least 50 miles away from your current home and planning to remain there for a minimum of 60 consecutive days. The best way to manage a relocation (in situations where domestic violence is not a concern) may be to work with your ex-spouse in preparing for the move. Notifying them well in advance of your proposed relocation gives you time to work with them to modify your current custody agreement to both allow for your move and to ensure that their access to the kids is not limited. If you are able to do this together, the court will typically honor the proposed changes. 

Of course, you do not need to do this. The law only requires that you notify your ex-spouse in advance of your move, providing the following information: 

  • The area you intend to move to
  • The date of your intended move
  • Your new address and phone number (if known)
  • The reason for your relocation
  • Your own proposed revised custody agreement

You must also include a statement detailing your ex-spouse's right to object to the move. If they do not, then the court assumes that the relocation is in the kids' best interest and will thus modify your custody agreement accordingly. 

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Michael E. Golub, P.A. 819 West Main Street, Suite B Tavares, FL 32778 Phone: 352-508-1637 Tavares Law Office Map