Relocation cases in Florida can be complex and emotionally challenging, especially when a child is involved. Under Florida Statute § 61.13001, a parent seeking to relocate with a child must prove that the move is in the child's best interest. The court considers several factors, including the child's relationship with both parents, educational opportunities, emotional stability, and the feasibility of maintaining a relationship with the non-relocating parent.
Winning a relocation case requires strong evidence and a well-structured argument. Below are some scenarios that may lead to a successful relocation case in Florida:
1. Career Advancement or Financial Stability
A parent may be granted relocation if the move provides a significant career advancement or financial stability that directly benefits the child. If a job offer in another state provides better income, healthcare, and a higher standard of living, the court may determine that relocation is in the child's best interest.
✅ Key Factors for Success:
- Evidence of a secured job offer with higher income and benefits
- Proof that the new location has a better cost of living
- The ability to maintain a meaningful relationship with the non-relocating parent through virtual or physical visitation
📌 Example: A parent working in Florida secures a higher-paying job in Georgia, offering better benefits and access to top-rated schools for the child. If the financial improvement benefits the child's well-being, the court may approve the relocation.
2. Better Educational Opportunities
Courts often favor relocation when it allows the child to attend a higher-ranking school or access special educational programs not available in Florida.
✅ Key Factors for Success:
- Proof that the new school district is academically superior
- Documentation showing the child's involvement in specialized programs (e.g., STEM, arts, or sports)
- Evidence that the relocating parent can support the child's continued relationship with the non-relocating parent
📌 Example: A child diagnosed with a learning disability would benefit from attending a specialized school in another state. If the parent can prove that this school provides unique resources and support, the court may rule in favor of relocation.
3. Health and Emotional Well-Being
If the relocating parent or child suffers from a medical condition that requires specialized treatment only available in another location, the court may approve the move.
✅ Key Factors for Success:
- Medical documentation proving the necessity of relocation
- Demonstrated benefit to the child's mental or emotional health
- Plans ensuring the child maintains a bond with the non-relocating parent
📌 Example: A parent with severe health issues needs to move closer to extended family for support. If the court sees that relocation improves the child's emotional well-being and stability, it may grant approval.
4. Enhanced Quality of Life for the Child
The court will consider relocation if it improves the child's overall quality of life, including safer neighborhoods, stronger family support, and better extracurricular opportunities.
✅ Key Factors for Success:
- Evidence that the child's daily life and environment will improve
- Demonstration of strong community ties in the new location (family, religious institutions, social networks)
- A clear co-parenting plan ensuring ongoing involvement from the non-relocating parent
📌 Example: A parent moving to Colorado proves that their child will have access to a safe neighborhood, high-ranking schools, and emotional support from nearby family members. If these factors outweigh the potential negatives of relocation, the court may approve the move.
5. Safety and Domestic Violence Concerns
If the relocating parent can show that staying in Florida poses a safety risk due to domestic violence or an unsafe living environment, the court may approve the move for the child's protection.
✅ Key Factors for Success:
- Documentation of police reports or restraining orders
- Testimony from counselors, teachers, or family members confirming concerns
- A relocation plan that prioritizes the child's stability and emotional well-being
📌 Example: A mother fleeing an abusive relationship requests relocation to another state where she has family support and a secure living situation. If the court determines that relocation provides a safer, more stable environment for the child, it may approve the request.
Winning a Relocation Case: Final Considerations
Even if a parent presents strong evidence, the court will always assess how the move impacts the child's relationship with both parents. Courts favor solutions where the child maintains regular contact with the non-relocating parent through extended visits, virtual calls, and co-parenting plans.
If you are considering relocation with your child in Florida, it's essential to consult with an experienced family law attorney. Every case is unique, and winning a relocation case requires strategic legal planning, strong evidence, and a compelling argument that prioritizes the child's best interests.
📞 Need legal guidance? Contact Family Matters Law Group today for a consultation and let us help you build a strong case for relocation.
Related Cases & Legal References:
📌 Florida Statutes: § 61.13001 – Parental Relocation with a Child
📌 Key Case Law:
- Arthur v. Arthur, 54 So. 3d 454 – Emotional and psychological benefits considered
- Orta v. Suarez, 66 So. 3d 988 – Evaluating best interests of the child
- Albanese v. Albanese, 135 So. 3d 532 – Granting temporary relocation orders
- Solomon v. Solomon, 221 So. 3d 652 – Quality of life considerations
📩 Contact Us Today to Discuss Your Relocation Case!
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment