Frequently Asked Questions

My spouse and I have lived in Florida for ten (10) years. I want to get a divorce (or I am already divorced) and move out of the state (relocate) and take my children with me. Can I?

You can certainly get a divorce, as Florida would have jurisdiction under these circumstances. However, moving out of the state with your children without court approval is another issue. Relocation requests can be made and presented to the court. Without consent of the other party, the court will follow statutory and case law and evaluate many factors as to whether or not you may relocate. The burden is on the requesting party to show that it is in the best interest of the child(ren) to relocate. The court cannot stop you from relocating, but it may stop the child(ren) from relocating. The reason for this is obvious; the other parent will not be able to attend school events, extra-curricular activities and the like - in other words, their relationship with the child(ren) will be much different. If you relocate without permission, the court can force you to return the children to Florida, even if you have purchased property in another State.