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Will the courts let you move out of Miami with the kids? 

On Behalf of | Feb 27, 2022 | Child Custody

When you share custody of your children after a divorce, there are limitations on your parenting rights. You have to plan with your ex if your vacation will cut into their parenting time. You also have to discuss major changes before making a decision if your ex shares legal custody with you. 

If you want to move out of the Miami area or leave Florida entirely with the children, you will need the permission of either your ex or the Florida family courts in a shared custody arrangement. 

When does a relocation require approval?

If you intend to leave the state or move more than 50 miles away from where you lived at the time that you filed for divorce, then the courts will require that you notify your ex about the planned move. If they agree that the move is necessary, the two of you can file an uncontested custody modification request jointly. You will be able to change your parenting plan and move with the kids. 

If they are uncooperative about the potential relocation, you may have no choice but to go to court and litigate the matter. If a judge has to make the decision about whether you relocate or not, the biggest determining factor in that decision will be whether they think it is in the best interests of the children or not. Your best chance for success comes from compelling evidence, like information about schools or family members nearby, that will show the move is beneficial for the children. 

Learning the rules that apply to parental relocation requests in Florida can help you plan for your best future possible after a divorce or breakup.