Child custody and visitation arrangements are ordered in a divorce based on the principle that a child benefits from having continued relationships with both parents. However, with time, there can be changes of circumstances, including a desire by one parent to relocate a considerable distance away from the other. Sometimes the planned move is to another state or across the country. This can create a host of problems, and court intervention may be needed to resolve them.
In Florida, court permission is required for a change of location greater than 50 miles from the child’s current residence. The Florida relocation statute sets out the procedures and factors that a court must consider in evaluating whether to grant permission in a contested case. They include the following:
These factors recognize that in certain circumstances, a child’s well-being might be improved by the proposed move, such as when the parent with primary custody would become better off financially and in terms of quality of life. But the court must balance those benefits against the reality that a long-distance move can strain the relationship with the other parent in a number of ways:
Although the availability of electronic communication tools like Zoom, Skype and cellphone video chatting can help lessen these negative effects, they cannot take the place of personal contact between a parent and child.
Whether you are seeking or opposing relocation, you should be prepared to present compelling arguments and evidence. Having an experienced child custody and relocation attorney at your side can help significantly.
At The Law Offices of Lawrence S. Katz, P.A, we will draw from our years of family law experience to develop a strategy to meet your goals. Contact us at 305-670-8656 or contact us online to schedule a consultation.