Be Careful Not to Relocate Your Children Illegally
Before you finalize your divorce, you must come to a custody agreement with your spouse if you have children. In Florida, it’s assumed that both parents should be in their child’s life. There are temporary and permanent exceptions in cases of:
- Abuse
- Criminal activity
- Substance abuse
- Mental incapacitation
This means, on average, both parents will have equal legal custody over their children.
When it comes to physical custody, it’s common for only one parent to be the custodial parent. When this is the case, the custodial parent cannot relocate their children without permission from their co-parent. Doing so can be considered kidnapping, but there are exceptions you should know about.
The divorce and family law attorneys at Untying the Knot can explain what these exceptions are and some of the special rules of child relocation.
What is Legal Custody?
Legal custody is the right to make decisions for the child’s upbringing, such as their:
- Schooling
- Religion
- Healthcare
- General care
When both parents have legal custody, they have equal decision-making power in the eyes of the law. An exception is when one parent can’t be reached and there is a medical emergency where time is of the essence.
Legal custody is separate from physical custody, which is given to the parent who will spend the most time caring for the children.
3 Exceptions Where You Can Relocate Your Children Without Permission From Your Co-Parent
Currently, there are three situations where a parent may relocate their children without permission from their co-parent. These three situations include:
- Emergency Situations: If there is a situation where you believe your children are at risk, such as in cases of domestic violence or hazardous living areas, either parent does not need permission to relocate their children temporarily. However, you must notify the court as soon as possible. You can contact them through an attorney who can file an emergency custody order on your behalf.
- Distance: In Florida, to be considered relocation, it must be over 50 miles from the original residence. If you are moving your children somewhere within 50 miles of that original residence, it’s not considered relocation that needs notification.
- Temporary Moves: In Florida, a move needs to be for over 60 days to be considered a relocation. This means that while it’s recommended that you inform your co-parent of any out-of-state or country vacations, if your custody agreement doesn’t specify it, you don’t have to.
These are the only three exceptions to when you can relocate your children without permission from your co-parent. The most important is the first. In emergencies, the safety of you and your children is most important.
Legal Considerations
When considering relocating your children, or even traveling with them, always consider these two factors:
- Custody Agreement: If there is an existing custody agreement or court order, particularly from one made on Untying the Knot’s platform, it likely outlines the requirements for relocating with your children. Generally, you will need to provide notice to the other parent and possibly seek their consent or court approval for any move over 50 miles away for over 60 days.
- Jurisdiction: Family law varies by jurisdiction in Florida, so some laws may have specific rules about relocation, such as where, when, and how it’s reported.
How Untying the Knot Can Help You With Child Relocation
Our online platform is designed to make getting divorced easier and cheaper. You can complete most of your divorce through our online platform, and for any mediation issues, you can set an online appointment with our attorney.
If at any point, you need to discuss how certain aspects of your divorce agreement work, need a term explained or broken down, or need us to review the verbiage of your contract, our attorneys are available for an online appointment.
This way, you and your co-parent can complete your divorce as quickly as possible without leaving the comfort of your home. Get divorced without seeing a day in court, save yourself money, and more today. Check out our online services.