Relocating With Minor Children & Divorce

by Selena from Milton, Florida, Santa Rosa County

Relocating With Minor Children & Divorce:
My husband and I have decided to get a divorce and I want to know if I can legally take our two small children and move from our current residence.

The home we currently live in belongs to his parents who happen to live about 100 yards away.

He has refused to leave and is making all of this very hard on myself and my children Are there any forms that he could sign allowing me to relocate?

If not are there any that I can file. He has a documented history of domestic violence against me and I am am worried that if this whole mess gets ugly then it may happen again. I have a place to go that is about 36 miles from my current home however it is 2 miles over the state line from FL to AL.

Answer to Florida Court Forms Florida Divorce Question

Dear Selena,

According to Florida Statutes you do not need consent to relocate within a 50 mile radius. The Statute does not mention relocation to another state.

The Florida Statute that addresses relocating with children is:

61.13001 Parental relocation with a child.--
(e) "Relocation" means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing.

The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.

2) RELOCATION BY AGREEMENT.--
(a) If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may satisfy the requirements of this section by signing a written agreement that:

1. Reflects consent to the relocation

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Fully Interactive & Complete Forms Packet for Divorce with No Children or Property. All forms are interactive and properly formatted in PDF and includes resources and filing procedures with easy to follow checklists, and much more.
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