Shared Custody & Relocating

by James from Florida

I have 50/50 custody of my 2 kids. I have them every other week. I have been offered a job in Texas. Although I would love to take both of my children with me, I know that the older child will not want to go because she's almost done with high school.

But, I would like to take my son with me. How do I go about doing that?

I feel it's important for my son to have the influence of his father. Do I have a legal right to take him with me?

Answer to Florida Child Custody Question

Dear James,

Talk it over with your ex and see if there is an arrangement you can work out together.

I agree with you that a son especially needs his father in his life.

In general, you may not relocate with children more than 50 miles away without the consent of the other parent.

If your ex consents, make sure its in writing.

If she does not consent you can petition the court for permission to relocate with your child. Have a look at Florida's new Supreme Court approved form 12-950a, Agreement for Relocation of Minor Children to see if it is appropriate for your situation.

It may not be easily done, because you would be separating siblings. A generous visitation schedule might be your best alternative. If you had your children visit you in Texas in the summer, spring break, and either Christmas or Thanksgiving. In any event, if you can work out a reasonable arrangement with the children's mother, that would be best for all involved.

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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Comments for Shared Custody & Relocating

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Moving Out of State
by: Melissa from Ft Myers

I want to move my daughter out of state but have a shared custody with my ex. How can I do this?

--If you have a court ordered shared custody agreement in place, you will need to get an agreement from the father and then file it with the court or have the court enter a judgement by filing a supplemental petition for relocation. You will need to file one of the following forms:

• Agreement for relocation with minor children, Form 12.950(a); or
• Supplemental petition to permit relocation with minor children, Form 12.950(d)

Just follow the instructions that are on these relocation forms, and you should be good to go. --Staff

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