Child relocation is a tricky issue for divorced parents even long after they have finalized their divorces and parenting plans.
The State of Florida has recognized that many more parents are moving out of state after divorce than in the past. In the past few years, Florida has adopted new statutes to address the issues raised by this trend. Today, if either parent wants to move more than 50 miles away from their present location, they must petition the court for permission to do so.
If the moving parent desires to move with a child, he or she must petition the court and demonstrate that the relocation is in the child’s best interest. In addition, if the relocation will affect the other parent’s time sharing with the child as established in a Final Judgment of Dissolution of Marriage, the relocating parent will have to meet the higher burden associated with modifying a custody-visitation arrangement. The other parent is given an opportunity to object to the move, and the law sets forth a series of factors the courts must consider when determining whether to allow relocation.
At The Law Office of Knellinger & Associates, Gainesville, Florida, our lawyers understand the serious, practical reasons why parents have to relocate. We also understand the wrenching emotions non-moving parents feel when facing the possibility of their children moving away.
We represent parents in both situations. Whether you are considering relocating your family or your former spouse intends to relocate, we can provide experienced representation. We are deeply familiar with all of the factors judges consider when granting child relocation requests, and we prepare our arguments accordingly. To discuss how we can help you, contact one of our attorneys today to schedule an appointment
Florida courts look at a number of factors when considering whether to allow child relocation, including:
The age, maturity and development of the child and how the move could impact the education and special needs of the child
The feasibility of preserving the relationship between the child and the non-relocating parent
Whether the relocation will enhance the child’s quality of life, which can take into account financial opportunities for the relocating parent
The career and other objectives of the non-relocating parent
Whether the relocation is being sought in good faith, or in order to avoid support obligations
Whether there is a history of substance abuse or domestic violence by either parent, including successful or failing rehab attempts
Any other factors indicating whether the move is in the best interest of the child
For more information, read the text of the statute to see how the issue has been addressed.
Our family law attorneys will work closely with you to consider every aspect of the situation and how each factor affects your child’s best interests.
When the possibility of child relocation comes up, grandparents often find themselves also facing a reduction in the time they can spend with their grandchildren. Although grandparents do not have many legal rights concerning custody, our attorneys do help grandparents assert their interests during relocation hearings by showing how their relationships with the children are in the children’s best interest.
Please fill out our Parenting Schedule and Responsibility Worksheet.
The Law Office of Knellinger & Associates provides legal advice and representation for individuals, entrepreneurs, and business owners in Gainesville, Florida, and communities throughout north central Florida, including cities such as Ocala, Starke, Palatka, Lake City, Middleburg, Trenton, Bronson, Lake Butler, Cross City, Williston, Chiefland, Alachua, Jasper, Live Oak, and Jacksonville, Florida.
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