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Relocating after a divorce, particularly if that relocation involves moving children away from Florida, can be an emotionally charged process for both the relocating and non-relocating parent. A St. Augustine relocation lawyer from the Law Offices of Jason K.S. Porter, P.A., can help you navigate that process with a minimum of acrimony.
Our child custody attorneys have decades of experience in petitioning the divorce court and preparing relocation agreements and orders that best satisfy the desires of the divorced parents and their offspring.
Common Reasons for a Post-Divorce Relocation
Divorced parents will understandably seek to live close to each other after a marriage dissolution to give themselves the best opportunity to remain involved with their children. That situation may be disrupted, for example, when an employer transfers a parent or that parent gets a new job, or a parent desires to be closer to certain schools or health care facilities. In other cases, a parent might want to move to get a clean start after a divorce
If a spouse moves with a child more than 50 miles from the divorced couple’s original location, however, Florida law requires approval of that relocation by a divorce judge. If both spouses are in agreement, that approval can be a simple matter of having the judge sign off on a relocation consent agreement that includes details of how the parents will interact with children after the move.
If a parent is not willing to consent to the move, a relocation lawyer in St. Augustine will need to prepare a petition that advocates in favor of the move. If you are facing this situation, be sure to retain a divorce and child custody attorney who has substantial experience in drafting and arguing relocation petitions.
What Does a Divorce Judge Look At in a Relocation Petition?
In every St. Augustine divorce case that involves child custody matters, the divorce judge will always emphasize that any relocation decision must be in the best interest of the children. Given this, a relocation petition drafted by a spouse’s attorney might focus on:
- How the move will impact a child’s physical, emotional, and psychological health
- The effect of the move on the continuity of a child’s education
- The proximity of the relocating spouse to other family members and support services
- How involved each parent has been with a child following a divorce, and how relocation will change that involvement
- A child’s desire either to relocate or to stay in their original location
The judge will carefully weigh all of these factors, along with any evidence and testimony presented by both parents, to determine whether the proposed relocation serves the child’s best interests.
Moving Out of State or Out of the Country Can Be More Complicated
St. Augustine divorce courts lose jurisdiction and control over a spouse who relocates from Florida to a different state or to a new country. Because of the loss of control, they scrutinize out-of-state and country relocation petitions more closely to verify that they are fair and not tainted by fraud. In some cases, a court may continue to exercise control of a spouse who moves out of state on the basis of a party’s “significant connections” to the original state.
If you anticipate or intend to move away from Florida, disclose your plans to your St. Augustine relocation attorney as soon as you know them to allow a complete analysis and ample time to prepare a sound and viable relocation petition.
Talk to a St. Augustine Lawyer About Relocating Rights and Options
If you have relocation disagreements after your divorce, you need experienced representation from a St. Augustine relocation lawyer who understands how divorce courts evaluate relocation petitions and the issues that can sway the court’s decision. Call the legal team at the Law Offices of Jason K.S. Porter, P.A. for the representation you deserve.