Orlando Child Relocation Attorney
There are many reasons it might become necessary for a Florida parent to relocate with a child. A better job, family members willing to help out, or to escape a bad situation. Florida law restricts the ability of one parent to move with the parties’ children unilaterally. This restriction only applies, however, if there is an action pending regarding the children, or there is a current court order in effect that governs the custody and time sharing of the children.
If either is the case, you should consult with our Orlando child relocation attorney to discuss the factors that the court examines in the relocation case. Florida Statutes section 61.13001 requires the court decide relocation petitions based on the following factors:
(a) Nature, quality, the extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant individuals in the child’s life.
(b) The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
(c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or another person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
(d) The child’s preference, taking into consideration the age and maturity of the child.
(e) Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
(f) The reasons each parent or other person is seeking or opposing the relocation.
(g) The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic situation of the parent or other person seeking relocation of the child.
(h) That the relocation is requested in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt securities.
(i) The career and other opportunities available to the objecting parent or another person if the relocation occurs.
(j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
(k) Any other factor affecting the best interest of the child or as outlined in s. 61.13.
Our Orlando child relocation lawyer can answer your questions and protect your rights in these difficult cases.