You and your spouse have a child together, and you’re getting divorced. You expect to share time with that child after the marital split, and you know that this is generally what the court prefers. It is also what you would prefer, as you want your child to still be involved with both of their parents – regardless of your marital status.
However, you weren’t born in Florida. Your extended family lives in a different state, and you’d like to move back home. Do you still have this option? Are you allowed to move after the divorce?
It’s possible for your ex to object
This may be fine if your partner agrees to it and the two of you have a way to continue sharing time despite the move. But remember that your ex does have the option to object to that move if they believe it’s going to infringe on their rights. They may claim that the child will be too far away for them to actually be involved or exchange time in the way that you’re supposed to under the court order.
If this happens, then you may find that you have to prove that the move is necessary or beneficial for you and the child. You can do this by providing good faith reasons and showing the court exactly why you would like to move. Moving closer to family members is one of these reasons, along with things like taking a new job, finding a better standard of living or even continuing your education.
But it’s true that both you and your co-parent have the right to see the child. That makes the situation more complex than it would be otherwise, and it’s very important to know what legal options you have.