There is no presumption in favor of relocation of a child more than 50 miles from his or her current residence. If the non-relocating parent has extensive time-sharing with the child, relocation can be very difficult to prove that it is in the best interest of the child. Florida Statute 61.13001 provides the court with guidelines it must consider. Every case is fact-intensive. If a parent relocates the child without court order, it is punishable by contempt and return of the child. The strengths of your request or opposition to relocation must be presented to the court logically and with both emotion and evidence. The noncustodial parent has the right to oppose the move and will likely present a compelling argument. There is a lot at stake for both parents in these cases, and having skillful legal representation is critical.
According to Florida Statute 61.13001 custodial parents must file a notice of relocation if they plan on moving more than 50 miles away from where they and their children currently live. When a parental relocation is challenged, under the terms of Florida Statutes Section 61.13001, the relocating parent must prove that the relocation is in the best interest of a child. This may involve financial, educational, social, even religious and cultural factors that impact a child’s environment.
Additionally, since time-sharing and time sharing must be considered, plans should be provided regarding visitation and transportation arrangements for time sharing. If, in the eyes of the court, the burden of proof is met by the relocating parent, the other parent must then prove that the relocation is not in the best interests of a child.
With every client we serve, our only goal is to help you obtain the best possible outcome. No matter which side of the case you are on, we work to build the strongest possible case to support your position. Whether you are the custodial parent who wishes to move away or the noncustodial parent opposing the move, Kenneth D. Morse, P.A. is ready to help you.
Our firm can also assist you in an international child relocation involving the Hague Convention or child abduction to another country. If you have questions regarding Florida’s parental relocation law affecting child custody issues in the state of Florida and beyond, Contact The Law Office of Kenneth D. Morse, P.A. today and schedule an appointment.
