It may be possible to take your child outside of Florida after a divorce if there is a compelling reason to do so. However, you will typically need the approval of the court as well as your child’s other parent prior to being able to do so. There are a number of variables that will likely come into play when determining if your attempt to relocate will be successful.
The reason for relocation
The first factor in determining if you’ll be allowed to move with your child is why you want to do so. For instance, if you are moving for a job opportunity, that may be a valid reason to move your child away from a parent. However, if you are moving simply to spend time in a warmer climate, a judge may be skeptical of your decision.
If the other parent has physical custody of the child, you can’t unilaterally take action that would interfere with that parent’s rights. Ultimately, you would need to get permission from your former partner to take the child away. Even if the other parent only has visitation, you would need to make arrangements to ensure that this can continue in some form.
The child’s wishes
Minors have no say as it relates to decisions about child custody or visitation. However, older children may be given an opportunity to provide input that a judge might consider when deciding if you can relocate with your kid or not. If the child wishes to stay put, a judge may agree that request if that would be in the child’s best interest. In such a scenario, the child would stay with the other parent or with another family member after you leave.
If you relocate your child without the consent of the court or the other parent, you may find yourself in legal jeopardy. Even if you don’t need permission, you should alert your former partner so that arrangements can be made to remain a part of your son or daughter’s life.