Can I move with my child if I have custody?

On Behalf of | Apr 25, 2018 | child custody

It is no surprise to readers of this Florida family law blog that people in the United States move with frequency. While it is true that some people will stay in the same community for their entire lives, others may move across the country for better jobs, relationships and other personal reasons. Relocation is not unusual, but it can introduce challenges into the lives of families that must work around custody orders and agreements.

Consider, for example, a mother who has shared physical custody of her child. She wishes to leave Florida for another state due to a change in her job, and she desires to take the child with her. Without express consent of the child’s father, who also presumably has custody of the child, the mother may not simply pack up and move with the child to her desired location.

The mother may have to give her former partner and child’s father sufficient notice of her plan to move before any further action may be taken. This is to give the father time to oppose the move if that is his desire and to prepare a legal case to prevent the relocation of his child out of the state. A hearing may be held on the matter if the parents cannot work out their dispute on their own.

Matters related to the custody of children often turn on what will serve the kids’ best interests. A court may assess the impact of the relocation on the child as well as other factors related to their care and consideration. Families who are working through relocation disputes are encouraged to seek out case-specific advice from Florida attorneys who are familiar with their child custody and legal needs.