Moving Out Of The Country

[Cailin]

I am a Florida resident who was divorced in Florida.My Ex-Husband was/is not a Florida resident & was out of state for the divorce & continues to live out of the state.He is in the military & out of the country 6-9 months out of the year so I have primary custody.NO stipulations regarding where I lived/resided were in our settlement.My Ex sees our children only 2x a year & infrequently keeps in contact.He did sign the abesentee parent forms so I could have passports issued for the children.I am re-married & wish to relocate with my new Spouse to the Country he is from as he owns a home there,theres a better quality of life there etc I was told I had to go to my Ex for permission .I know he wouldnt grant permission so what do I need to do to make this happen?Is it just a matter of convincing a judge?

[Barnham]

Hi Vera, you will need to comply with Florida's Relocation Statute 61.13001 and provide the statutorily required Notice of Relocation if your former husband does not object to the Notice within the time permitted the Court will approve the relocation with the terms provided in the Notice of Relocation. If your former husband does file an objection then you will have the burden to prove to the court that the relocation is in the best interest of the child subject to the relocation. If you meet that burden then your former husband will have an opportunity to refute your argument and the court will decide whether or not the relocation would be in the best interest of the child. One note of caution your remarriage and location of your new spouse is not generally considered a sufficient reason to relocate a child.  

I hope this information was helpful to you.

This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.

Sincerely,

Daniel Bachert, Esq.

The Bachert Law Firm, P.A.

330 Clematis Street, Suite 222

West Palm Beach, Florida 33401

(561) 653-3951