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Moving Out and Moving on After a Divorce

A Look into the Florida Relocation Statute

After a divorce is finalized, it’s natural for an individual to want to move on and start the next chapter of their life elsewhere. However, when children are involved, the matter is not as simple as picking a new home and moving out.

Before any parent is able to move, they must understand the Florida Relocation Statute and the state guidelines associated with moving their children away from the other parent.

Am I Allowed to Relocate?

Parents, of course, are allowed to relocate. However, when intending to move their child more than 50 miles away from their previous residence, they must obtain court permission. Additionally, a parent must be able to show that doing so is in the best interest of the kid.

Burden of Proof

The initial burden of proof will be upon the spouse intending to move. When you petition for relocation, you need to provide ample reason as to why your child would benefit from the relocation.

Once you’ve done so, your coparent can respond to the Petition for Relocation within 20 days of receiving it. In doing so, the parent can object to the move. Here, the burden is on them to show compelling reason as to why remaining in their current town is in the best interest of the child.

When the Court Will Grant a Petition for Relocation

Florida considers a number of factors when contemplating whether to approve a request for relocation. Courts will evaluate:

  • The child’s relationship with the relocating parent and the nonrelocating parent
  • The age and needs of the child
  • The emotional, physical, and educational impact the move would have on the child
  • The ability of the child to maintain a sufficient relationship with the nonrelocating spouse
  • The child’s preference, with varying degrees of consideration depending on the child’s age
  • The potential extent to which the quality of life of the parent and child would improve should they relocate
  • Any objection from the other spouse and reasons for their objection
  • The parent’s current circumstances and ability provide for the child compared to the potential economic opportunities the relocation presents
  • Whether the request to relocate was made in good faith
  • Any history of substance abuse or domestic violence

There are additional factors the governing court may consider as outlined in the state statute. For more information regarding relocation, and assistance beginning and completing the process, contact Beatriz Zyne, PA.