Can my wife and I move states with her kids from Florida to Virginia if her ex husband still lives in Florida?

Dear Anonymous:       Under Florida law, unless the parties have an agreement, filed with the Court, and, in most instances, ratified by a court order after a hearing, a parent cannot relocate with children more than 50 miles from where that parent was living at the time of the divorce.  So, the short answer is no.         However, Florida Statute 61.13001 provides specific directions as to how a parent can petition the Court to move with the children more than 50 miles.  First, the statute provides that if the parties agree, they can enter into an agreement, have it filed in the Court and, unless one party requests a hearing,the parent may move.      In the absence of an agreement, the statute sets forth specific requirements that must be included in a Supplemental Petition for Relocation.  The petition must be  filed in the Court, and served on the other parent through a process server. Then the parent who is served has 20 days to object to the relocation by filing an objection with the Court.  In the absence of a timely filed objection, the parent who filed the petition may get an order permitting relocation.      If an objection is timely filed then ultimately the matter will be heard by the Court and a judge will make the final decision.   There are 11 factors set forth in the statute that the court must consider in rendering its decision, including the final factor that states "any other factor affecting the best interest of the child or as set forth in Fla. Stat 61.13," which has yet another 20 + factors.    Here is a link to the statute: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html   Read it carefully because it is very specific, and any failure to follow it precisely could result in the court  rejecting the claim, even before considering all of the other factors.   Good luck to you and your wife! Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton: 561-962-2785