Relocation Permission From Ex

by Shawna from Defuniak Springs, Florida, Walton County


I'm married to a military man and having a baby after having a divorce with two kids from that marriage. My husband now has to relocate because of his job.


Will a judge rule in my favor to move even if it means taking my kids away from their father?

The father of my two kids see the boys every weekend and so far has been a good father but my husband and the man my kids see every day during the week and I have a baby on the way and now he has got orders to move.

Will I be able to move with my husband and my kids or will I have to stay in Florida and not see him and our baby won't know him either?

Answer to Florida Child Custody Question

Dear Shawna,

I don't think it is the intent of the court to break up families.

I don't think that the court is going to order you to stay in Florida while your husband is stationed elsewhere.

Have you talked about this to your children's father?

The absolute easiest path is to get his permission to relocate with the children.

It doesn't mean that he will never see them, it means that your parenting plan will have to be modified to reflect the distance between you. If you cannot get your ex to agree to your relocation, you can petition the court to grant it to you anyway.

The forms for that process are on the Florida Supreme Court's website, www.flcourts.org . The forms are Forms 12.950(a) through 12.950(j).

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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