winning a relocation case in florida is a complex process that requires careful planning and strategy.Florida child relocation laws are designed to protect the interests of the child, and the outcome of a relocation case can have a significant impact on the parents' rights and responsibilities. whether you are a parent seeking to relocate with your child or a non-relocating parent opposing a relocation request, understanding the odds and factors that influence the outcome of a relocation case can be helpful.
background on relocation laws in florida
in florida, parent relocation cases are governed by chapter 61 of the florida state statutes. under these laws, relocation is defined as any change in the居住 location of a parent that results in a significant distance from the primary residence of the child. the laws specifically require that a parent seeking to relocate with a child more than 50 miles away from the current residence must obtain the consent of the other parent or court approval.
factors considered by the court
when determining whether to grant a relocation request, the court considers several key factors. these include:
-
relationship with parents: the court evaluates the quality and nature of the child's relationship with each parent, as well as the involvement and duration of that relationship.
-
age and current needs: the court considers the age and developmental stage of the child, as well as the specific needs of the child, including any special needs.
-
feasibility of maintaining relationship: the court evaluates the feasibility of preserving the relationship between the child and the non-relocating parent, taking into account the logistics of contact, access, and time-sharing.
-
child's preference: if the child is old enough and able to express a preference, the court may consider that preference in making its decision.
-
quality of life: the court considers whether the relocation will enhance the general quality of life for both the parent and child, taking into account financial, emotional, and educational benefits.
-
reason for relocating: the court evaluates the reasons for and against the relocation, including whether the relocation is necessary to improve the economic circumstances of the parent seeking relocation.
-
current employment and economic circumstances: the court considers the current employment and economic circumstances of each parent, as well as whether the proposed relocation is necessary to improve those circumstances.
-
good faith: the court may consider whether the relocation is sought in good faith, as well as the extent to which the objecting parent has fulfilled financial obligations.
-
career: consider the career and other opportunities available to the parent if the relocation occurs.
-
substance abuse and domestic violence: whether either parent has a history of substance abuse or domestic violence.
each relocation case is unique, and the outcome depends on the specific facts and circumstances of the case. therefore, it is important to consult with an experienced family law attorney who can provide personalized advice and guidance tailored to your individual situation. an attorney can help you understand the odds of winning a relocation case in florida and assist you in preparing and presenting a compelling case.
if you are seeking to relocate with your child and facing opposition from the other parent, an attorney can guide you through the legal process, including the timing of your case's filing, the preparation of your case materials, and the coordination of your efforts with the non-relocating parent. an attorney can also provide insights into potential obstacles and how to overcome them., while winning a relocation case in florida may seem challenging, with the right attorney by your side and a clear understanding of the odds and factors influencing the outcome, it is possible to achieve a favorable outcome. to schedule a consultation with an experienced family law attorney, contact us at [your contact information].
