In Florida, a parent who wishes to relocate more than 50 miles away from the child’s residence at the time of the last court order must obtain written approval from all parties entitled to time-sharing rights with the child or petition the court for approval to relocate.
Laws concerning child relocation following divorce are predicated upon Florida public policy that children benefit from spending regular, meaningful time with both of their parents. The courts must carefully weigh whether it is in the best interests of a child to relocate and the impact any such move may have on a child’s relationship with his or her parents.
If a child’s relocation is approved, the court will likely make adjustments to a parenting plan to reflect changed parental schedules and financial responsibilities.
If the nonrelocating parent does not consent to the relocation, the court will consider several factors in determining whether the move is in the best interest of the child, including:
The quality of the relationship between the child and the nonrelocating parent, as well as siblings, half-siblings and other significant others in the child’s life
The feasibility of maintaining the relationship between the child and the nonrelocating parent
The reason the custodial parent is seeking to relocate
Whether the relocation will enhance the general quality of life for both the parent and the child, including emotional and educational benefits
The needs of the child and the likely impact the relocation will have on the child’s physical, emotional and educational development
The extent to which the objecting parent has fulfilled his or her financial obligations to the other party, including child support, spousal support and marital property obligations
We Protect Parents’ Rights Regarding Relocation After Divorce
At Meador & Johnson, P.A. we represent parents who seek approval to relocate, as well as parents who do not believe it is in their child’s best interests to relocate.
Even if a nonrelocating parent agrees to allow a custodial parent to move away, it is important to work with a knowledgeable family law attorney who will file the proper signed agreements with the court. A verbal or other casual agreement between the parties is not sufficient. A noncustodial parent could change his or her mind and require the custodial parent to return with the child.
Our lawyers provide aggressive, intelligent advocacy to clients throughout northwest Florida. Call 800-785-4969 or use our online contact form to schedule a consultation.
