Florida Family Law FAQs

My divorce case is already pending, can I ask the court to let me relocate with my kids?

January 21, 2024 in Child Relocation, Divorce

A Florida appellate court recently provided guidance on amending petitions in ongoing divorce cases, particularly regarding relocation with children. While you can request to amend your divorce petition to include relocation plans, there are certain considerations the court will take into account.

First, the timing of the amendment request is crucial. The court tends to view late-stage amendments less favorably, especially if they can significantly alter the nature of the case or if they could potentially delay the proceedings.

Second, the reason for the amendment plays a critical role. The court will assess the justification for your relocation request. This includes considering the best interests of the children, the impact of relocation on the children’s relationship with both parents, and any other relevant factors that pertain to your family’s unique situation.

Finally, the court’s decision is also influenced by how the amendment would affect the other party. If the amendment could potentially cause undue prejudice or disadvantage to the other parent, the court might be more hesitant to grant it.

Therefore, while it is possible to ask the court to permit relocation with your children during a pending divorce case, your success will largely depend on the timing, reasoning, and potential impact of the request.  If you’re in the middle of a divorce case and change course, the trial lawyers of Shemtov Hillstrom can provide advice for your specific situation.  Call us at (954) 329-2222 for a consultation.

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