How will the court view your request to relocate?

On Behalf of | May 17, 2022 | Child Custody |

You have received an offer to join the Sarasota office of a prestigious accounting firm, but this means spending weeks at a time away from your 10-year-old son

The move up the Gulf coast from Fort Myers would mean modifying the child custody agreement now in place. How will the court view your relocation request?

The petition to relocate

If the other parent is agreeable to your potential move to Sarasota, she can sign a consent document to submit to the court. If she has objections, you must file a petition to relocate and serve her with it. She must file a written response to the petition with the court and serve it on you within 20 days. If she misses the deadline, the court can move forward to approve your relocation request.

What to include

The information the court wants to see in your petition to relocate includes:

  • Date of the intended move
  • Address and description of your intended new residence
  • Mailing address
  • Your new home telephone number, if known
  • Written job offer, to accompany your petition
  • Future time-sharing plans and transportation arrangements so you and your son can spend time together

The view of the court

In the state of Florida, any relocation of more than 50 miles and 60 consecutive days away from your child requires a modification of the child custody agreement. When making a decision on your request, the court considers 20 parenting factors. With legal guidance, you can ensure that none of these factors is omitted from the petition. Ultimately, a judge will approve or deny your request based on the best interests of your son.