If I Have Custody Of My Children In Florida And My Employer Wants Me To Relocate Overseas, Can I Do That?
If your spouse has any visitation with the children, and you wish to move more than 50 miles away in Florida, you must get permission from the spouse to relocate, or you must get permission from the court. In this case, if your former spouse will not agree, you will need to present a strong case in court about why you should be allowed to relocate.
The judge will not care about your personal desires for relocation. At the hearing, the judge will want to see how the move will be in the best interests of the child, and what you will do to minimize the impact of the move on the relationship between your child or children and the other parent. The court is usually very concerned about preserving the relationships between the children and the parents, as well as doing what is in the best interests of the children - not your career.
It’s usually much easier to work something out with the other parent than going to court. You may offer more time with the children, although probably on a different schedule if you are leaving the country. Perhaps instead of every other weekend with the children, the other parent could have a month or two in the summer and over the holiday break in the winter. You may offer to pay for your children’s travel, as well as allowing numerous phone calls, Skype calls, and other forms of interaction that can be done at a long distance.
If your ex just simply won’t budge, either because he or she is genuinely worried about the move, or because he or she wants to make your life difficult, you will need to fight it out in court. You will need to make a strong showing about what you can do to minimize the impact on the children, as well as how beneficial the move will be to the kids. You may also argue that the move is only for a short period of time, after which you will be returning.