Divorce is already a complicated situation in itself. But when the custodial parent decides to leave the state with the child/children, it can make matters even worse. Non-custodial parents need to know that they do have rights if their ex-spouse decides to move away with the child/children. It is important to know the necessary steps to take in case this ever happens to you.
Typically, the first thing you will want to do is to contact your attorney. If you don’t have one, find a Florida family law attorney that specializes in custodial and visitation agreements. The non-custodial parent should be notified way ahead of any intent of a move of more than 50 miles away from the non-custodial parent. Also, the custodial parent should have sent a Notice of Intent to Relocate to the non-custodial parent.
If you and your ex-spouse have come to an agreement on your own, it must be in writing. The reasons for the move need to listed as well: new job, closer to other family members, better schools and neighborhood, etc. The visitation rights and arrangements of the non-custodial parent need to be noted on the agreement. Afterwards, the court will approve the agreement.
You can object to the relocation. If you do so, then the custodial parent can’t leave the state with your child/children. Usually, an objection to the move is filed in court to have something in writing and to let the court know that you take an active part in your child/children and their well-being. There typically is a hearing and the court will decide whether your objection is valid.
One of the worse things a non-custodial parent can do (and it will later count against you) is not take an active part in the welfare of their children. If you are this type of parent and object to the parental relocation of the custodial parent, the custodial parent can prove that you have not participated in your rearing of your child/children and most likely, your objection will be overturned.