Can a custodial parent relocate 30 miles from current their address without having to go to court?

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Can a custodial parent relocate 30 miles from current their address without having to go to court?

I live in FL and have been the custodial parent since my kids were 1 and 3. They are now teenagers and we want to move 30 miles away from where we are now. My ex is telling me that we will go to court if I move, yet she has a job in the city that we want to move to. Do I have to give her legal notice of my move since it’s only 30 miles from where we are now?

Asked on February 10, 2011 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking divorce agreement s speak to the issue of relocation.  Do you have one?  I would read it. They generally state that you can move between 50 and 100 miles within the same state, but this is a negotiated term between the parties (although it has been discussed n case law I am sure and there are certain precedents that the courts have set on the matter in every state).  The theory behind relocation is that it can not be cumbersome or unreasonable for the non-custodial parent to have access to the children, for commuting, schooling, etc., and your visitation agreement will impact the matter as well.  I think that if your ex will not agree you need to seek modify your divorce decree and you may need legal help with that.  You will need to meet certain criteria. Good luck to you. 


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