Relocation with a Child
Consult with a Coconut Creek Family Law Attorney
Parental relocation in Florida can be a very contentious and complex issue.
Therefore, you need a family lawyer who can present your case to the court
in the most effective way possible. The Law Offices of Jonny Kousa, P.L.
represents parents who wish to relocate with the child beyond 50 miles
and parents who oppose the relocation.
One thing you need to understand is that generally, under Florida law,
you can't move the child's principal residence address more than
50 miles away without the other parent's consent or the court's
About Relocation in Florida
If the other parent consents to the relocation, an oral agreement will
not suffice. The agreement must be in writing and must reflect the other
parent's consent to the relocation, define his/her access or time-sharing
schedule, and describe the transportation arrangements related to the
If the other parent objects to the relocation, then you need to file a
Petition to Relocate and serve it upon the other parent. There will be
a hearing where the court will determine whether the proposed relocation
is in the best interest of the child.
In reaching its decision regarding a proposed temporary or permanent relocation,
the court will evaluate all of the following:
- The nature, quality, extent of involvement, and duration of the child's
relationship with the parent or other person proposing to relocate with
the child and with the non-relocating parent, other persons, siblings,
half-siblings, and other significant persons in the child's life.
- The age and developmental stage of the child, the needs of the child, and
the likely impact the relocation will have on the child's physical,
educational, and emotional development, taking into consideration any
special needs of the child.
- The feasibility of preserving the relationship between the non-relocating
parent or other person and the child through substitute arrangements that
take into consideration the logistics of contact, access, and time-sharing,
as well as the financial circumstances of the parties; whether those factors
are sufficient to foster a continuing meaningful relationship between
the child and the non-relocating parent or other person; and the likelihood
of compliance with the substitute arrangements by the relocating parent
or other person once he or she is out of the jurisdiction of the court.
- The child's preference, taking into consideration the age and maturity
of the child.
- Whether the relocation will enhance the general quality of life for both
the parent or other person seeking the relocation and the child, including,
but not limited to, financial or emotional benefits or educational opportunities.
- The reasons each parent or other person is seeking or opposing the relocation.
- The current employment and economic circumstances of each parent or other
person and whether the proposed relocation is necessary to improve the
economic circumstances of the parent or other person seeking relocation
of the child.
- That the relocation is sought in good faith and the extent to which the
objecting parent has fulfilled his or her financial obligations to the
parent or other person seeking relocation, including child support, spousal
support, and marital property and marital debt obligations.
- The career and other opportunities available to the objecting parent or
other person if the relocation occurs.
- A history of substance abuse or domestic violence by either parent, including
a consideration of the severity of such conduct and the failure or success
of any attempts at rehabilitation.
- Any other factor affecting the best interest of the child.
Reach out to our Coconut Creek family lawyer to arrange for a free case evaluation.