Courts have one primary consideration when making decisions involving children, and that is the best interests of the child. There is no law that says that you may absolutely not move your children away from the other parent; however, the other parent can generally petition the court to prevent your move. If the other parent is not involved in the children’s life, he or she will not likely file this petition and you can hopefully move without any worries. Even if the other parent does file, the court will not likely side with a parent who has not made an effort to be part of the children’s life before the move.
However, if the other spouse is involved in the child’s life, or if the court has previously approved a parenting plan, you may have to seek the court’s approval before moving. This is where the court considers the interests of the child. For example, if you have primary custody and move because of a new job, the court may find that the children’s interests are best served by the move. As primary caretaker, your new job will benefit the children.
If you are thinking about moving but aren’t sure whether you need court approval, contact a Florida Family Law Attorney.