Parental Relocation

Overview

In Florida, a parent who wishes to relocate with their minor child more than fifty (50) miles from their residence following a divorce or paternity judgment must enter a written agreement with the other parent or obtain an order after filing a formal request with the Court.

Courts will consider many factors in relocation disputes, including:

• the child’s existing relationship with the non-relocating parent and other significant persons in the child’s life,
• the child’s needs, including age and developmental stage,
• the impact the relocation will have on the child’s development,
• the reason for or against the relocation,
• the reason the parent is seeking or opposing the relocation,
• the feasibility of preserving the relationship between the non-relocating parent and the child,
• the likelihood of the relocating parent to comply with alternate time-sharing arrangements,
• the child’s preference, taking into consideration the child’s age and maturity,
• the current employment and economic circumstances of each parent, and
• whether the relocation will enhance the general quality of life for the parent and child, including financial or emotional benefits or educational opportunities.

However, the main factor considered is whether the relocation is in the child’s best interest.

Parental relocation requires major adjustments for all parties involved, including both parents, children, grandparents, and extended family members. Relocation raises significant time-sharing issues, especially if the relocation is out of state. The legal process can be complicated, and while some cases can be resolved amicably, others may involve heated court disputes. It is essential to consult an experienced attorney to protect your rights and ensure that the best result possible is reached in your case.

Our attorneys have extensive experience representing both the relocating and the non-relocating parents. We address the facts of the case and consider the interests of all parties, along with the best interests of the children, to effectively resolve the relocation issue, either through agreement or judicial determination. Whether our client wishes to fight the relocation or is the parent seeking relocation, we always work to arrive at a solution most satisfactory to our client and strive to resolve the conflict quickly and professionally. However, if a desirable resolution cannot be obtained, we are fully prepared to aggressively protect your rights in court.