What Common Issues Can Arise In Florida Child Relocation Cases?

After a divorce or separation, a parent may choose to relocate for many reasons. They may choose to be closer to family, get a new job, or simply want a fresh start.  When a parent has child custody of one or more children and wants to relocate, this can pose a number of problems. This is particularly true when the custodial parent wants to move to a different city, or even a different country. These issues can often require court intervention.

What is the Child Relocation Law in Florida? 

When a parent wants to move more than 50 miles from a child’s current residence, court permission is required, if the other parent does not consent. Under Florida Statute §61.13001, “relocation” is defined as a change in the principal residence of a parent or other person from their current location to a new location at least 50 miles away for 60 consecutive days or more. This definition excludes temporary absences for purposes such as vacation, education, or healthcare.  State law sets forth the factors the courts must consider when making decisions on child relocation. These include:

• The reasons a parent wants to relocate, or oppose a relocation,
• The quality, nature, and extent of a child’s relationship with each parent,
• The age of the child, as well as their developmental stage, and the impact a relocation would have on them,
• The practicality of sustaining the relationship between the child and the non-moving parent,
• The child’s preference, if they are of a certain age and maturity,
• Whether relocating would improve the overall quality of life for the child and the relocating parent,
• Whether the relocation will enhance the financial situation of the relocating parent, and
• The extent to which the non-moving parent has met their financial obligations to the relocating parent.

The above factors help the court to determine if a relocation is in the child’s best interests. However, these must be weighed against any problems a relocation may cause.

What Problem Issues Does Relocation Cause? 

For the parent who does not move, child relocation can cause many problems. The most common of these are as follows:

• The logistics and cost of traveling will likely mean the non-moving parent and the child do not see each other as often as they would if they were just a short drive from each other.
• The non-relocating parent will miss many important events in their child’s life, including school plays, sporting activities, and parent-teacher conferences.
• The relocating parent may alienate the non-moving parent, particularly if either enters into another relationship or remarries.
• Relocation can sometimes cause children psychological and emotional harm that can negatively impact their ability to make social connections.

The courts recognize the above issues and so, they heavily weigh decisions made in child relocation cases.

Contact Our Experienced Tampa Child Relocation Attorneys 

Technology such as Zoom and video chatting have made it much easier to communicate today, but they can never take the place of personal interaction between a parent and their child. If you are seeking or opposing a move, you will need to present compelling arguments and evidence to support your case. At All Family Law Group, P.A., our Tampa child relocation attorneys will draw on their years of experience to develop a strategy that will help you meet your goals. Call us now at 813-672-1900 or fill out our online form to schedule a free consultation and to get the legal help you need.  Se habla Español.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html