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Navigating Child Relocation in Florida: What You Need to Know

Posted by LEISA WINTZ | Sep 01, 2024 | 0 Comments

Relocating with a child after a divorce or separation can be a challenging process, especially when it involves moving a significant distance from the other parent. In Florida, the courts take this matter very seriously, and there are specific factors that judges must consider to determine if a relocation is in the best interest of the child.

#### What Factors Does the Court Consider?

Florida law outlines **13 specific factors** that a court must evaluate individually when deciding on a relocation request. These factors are designed to assess whether moving the child is in their best interest. Here are some of the key considerations:

1. **The Reason for Relocation**: Why does the parent want to move? Is it for a better job opportunity, closer to family, or for another valid reason? The court wants to ensure that the move is not being made in bad faith or to interfere with the child's relationship with the other parent.

2. **Quality of Life Improvements**: How will the move affect the child's quality of life? This includes looking at factors such as better schools, a safer neighborhood, or improved economic conditions.

3. **Relationship Maintenance**: What plan does the relocating parent have to maintain the child's relationship with the non-relocating parent? The court will consider if there are realistic and practical arrangements in place, such as visitation schedules or virtual contact, that allow the child to maintain a meaningful relationship with the other parent.

4. **Involvement of the Non-Relocating Parent**: How involved has the non-relocating parent been in the child's life? If a parent has consistently been involved and active, the court might view the relocation differently than if the parent has been less involved.

5. **History of Domestic Violence**: If there is any history of domestic violence, this will significantly impact the court's decision. The child's safety and well-being are paramount.

#### A Real Case Example

Let's consider a real-life example from last year that sheds light on how these factors are weighed. My client, who worked for Nova Southeastern University in Fort Lauderdale, received a job offer from the same university but on Florida's West Coast. This move was not just about a change of scenery; it offered a **40% salary increase** and a more affordable living environment. 

In this case, the child's father had every-other-weekend time-sharing but had missed about 50% of his scheduled visits in the past year. Given these circumstances, when my client explained her reasons for relocating, it was clear she had a compelling case. The potential for a better quality of life for her and the child, coupled with the father's inconsistent visitation record, gave her a strong chance of winning the relocation case.

#### Conclusion

When considering a relocation in Florida, it's crucial to understand that the court's primary concern is the best interest of the child. Each factor must be carefully evaluated, and having a solid plan that considers the child's needs and maintains their relationship with both parents is essential.

If you're facing a relocation issue, it's vital to consult with an experienced family law attorney who can help you navigate the complexities of the process and present the strongest possible case to the court. 

At Family Matters Law Group, P.A., we specialize in relocation cases and can provide you with the guidance you need to make informed decisions that protect your child's well-being. Contact us today to learn more about how we can assist you with your relocation needs.

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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