Under Florida Statute 61.13001, relocation is defined as moving at least 50 miles from your current place of principle residence. Thus, a move from Orlando to Daytona Beach would qualify as relocation. If you relocate more than 50 miles and take your minor child with you, then you are removing the minor child from the jurisdiction. Both parents may voluntarily enter into an agreement by themselves which allows for relocation of one parent from the jurisdiction and taking the child with them. If this is not feasible, then the court is allowed to grant permission for removal of a minor child from the current jurisdiction. Under the Florida Statutes, in making a determination as to whether the primary residential parent may relocate with a minor child, the court must consider the following factors:
(a) 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 nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
(b) 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.
(c) The feasibility of preserving the relationship between the nonrelocating 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 nonrelocating 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.
(d) The child’s preference, taking into consideration the age and maturity of the child.
(e) 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.
(f) The reasons each parent or other person is seeking or opposing the relocation.
(g) 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.
(h) 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.
(i) The career and other opportunities available to the objecting parent or other person if the relocation occurs.
(j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
(k) Any other factor affecting the best interest of the child or as set forth in s. 61.13.
If you need to relocate to another jurisdiction and want to take your minor child with you or you want to fight for your child to remain in their current jurisdiction, contact a knowledgeable Orlando Family Law Attorney for immediate legal direction. The Law Office of Donna C. Hung, P.A. uses an aggressive and practical approach to client representation throughout Orlando and surrounding areas.
Call now for a free confidential consultation (407)999-0099