Moving With Children:
Florida Child Custody and Relocation Laws
Sometimes when a marriage ends, the residential or custodial parent wants to move away with the child. Relocation of a child affects everyone, and often the desire to move occurs after the divorce is final and custody and visitation issues have been ordered.
When it comes to child custody, relocation is a fiery issue. Our attorneys know the rights provided to each spouse under the law, and have helped many families get through this hot-button debate. Discuss your concerns with our Orlando divorce law firm to understand how we can help.
Florida laws determine when a custodial parent may relocate to another part of Florida, move out of state, or even to another country with the child. In order to move more than 50 miles from your current residence, Florida child custody and relocation laws normally require court approval or permission from the other parent of the child.
Perhaps you wish to move out of your current jurisdiction. The New Future Divorce & Family Law Firm will explain all of your legal options for your unique situation, and assist you with a proper filing of your notice of intent to relocate.
You may want to stop your ex-spouse from moving more than 50 miles away with your child. There may be legal ways to stop the person from moving. We will fight to make sure you receive proper protection.
How Florida Courts View Child Custody and Relocation
Each case will be decided on a case-by-case basis depending on the actual circumstances of each family.
Often a move will have a major impact on the established visitation schedule of the non-custodial parent.
In accordance with Florida statute § 61.1300, the judge will consider several factors in deciding whether to allow the move. First and foremost, the court will look to what is in the best interest of your child or children. They will consider the distance involved, the child’s age, as well as the following:
- Has there been a substantial change in circumstances that justifies moving away?
- Will relocating improve the general quality of life for the custodial parent and the child?
- The amount of time the non-custodial parent has with the child;
- Once the custodial parent has moved, will he or she be likely to abide by a revised visitation plan?
- Would the revised visitation plan be sufficient to foster a continuing meaningful relationship with the non-custodial parent?
- Would one or both of the parents be able to financially afford the cost of transportation for visitation?
- Is the relocation in the best interest of the child?
Another factor the court will consider is not from Florida statute, but is dealt with in case law: What is the motive of the parent wishing to relocate? If the intent is to keep the other parent from seeing the child, it is unlikely that relocation will be approved.
Our Child Custody and Relocation Lawyers Find Workable Solutions
The most basic custody case can quickly become complex when moving away with a child is involved.
If this is happening to you, whether you are the custodial parent who is moving or the parent staying behind, the New Future Divorce & Family Law Firm will be with you every step of the way.
We have helped hundreds of families throughout Orlando and Central Florida find practical, effective solutions that allowed them to get on with their lives with stability and solid parent-child relationships. The courts will favor what is in the best interest of your children.
We can help you make the best possible argument to the court to support your position. Contact the Orlando child custody and relocation lawyers to discuss a workable strategy for your family.