Many single parents of minor children in the greater Tampa area will have to move for one reason or another.
Sometimes, a better job opportunity will mean having to transfer to another part of Florida or even to another state. In other cases, a relative may need the parent’s help. In still other cases, a move may allow for a better social or educational opportunity for the children involved.
Like other states, when parents are divorced or otherwise subject to a court-approved parenting plan, Florida requires them to follow some special rules before they move.
These rules apply to all parents, even if one parent takes care of the children more frequently than the other. While these rules do not apply to moves of fewer than 50 miles or to certain temporary moves, parents should still review their court orders before assuming a relocation is permitted.
One option is for the parents to submit an agreement to the court. The agreement has to show the parent who is not moving consents to the relocation.
The agreement should also address any changes to the parenting plan, including any changes in transportation arrangements.
If parents do not agree on relocation, a court may need to intervene
If the parents cannot agree, the person wanting to move will have to file a formal petition with the court and serve it on the other parent.
As a warning, a parent can face contempt penalties for not following this procedure. He or she may also have noncompliance used against him or her when the court decides whether or not to allow relocation.
If the petition gets properly served, and the other parent does not object, then the court may but does not have to grant the petition.
If the other parent objects, then the court will likely hold a hearing. The parent wanting to relocate will have to prove that the relocation is in the children’s best interests.
For single parents in Florida, moving is often an important and necessary decision. However, move can also involve a complicated child custody case and, at a minimum, will require paying careful attention to Florida’s laws.