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How do I Know if a Parental Relocation Request will be Granted?

On behalf of The Law Offices of Cindy D. Sackrin posted in Child Custody on Wednesday, May 4, 2016.

Life changes following a divorce and divorced parents may wonder in what circumstances they may be able to relocate with their child for various reasons. In Florida, relocating parents can have the court consider a request for relocation if they are moving greater than 50 miles away for more than 60 consecutive days. There are a variety of reasons that a parent may want or need to relocate but if the parents are unable to agree to the relocation, the court will evaluate a number of factors when considering a relocation request.

Whenever requests or decisions regarding child custody are considered, what is in the best interests of the child is the primary concern. The court will consider the child's relationship with the parent proposing the relocation, as well as the child's relationship with the other parent, siblings and other family members as necessary when evaluating a parental relocation request. The court will make a thorough assessment of the feasibility of the child's continuing relationship with the non-relocating parent and will take into account logistics of the relocation and the impact it will have on the relationship, alternate arrangements that can be made to facilitate contact and the ongoing relationship, as well as the likelihood that the relationship will be fostered and that alternate arrangements will be complied with by the relocating parent.

The court will also consider the age of the child, the child's development and the child's needs. Additionally, the court will consider the impact of the proposed relocation on the child's physical development, emotional development and educational development. Depending on the child's age and maturity, the court will take into consideration the preference of the child. The court will also evaluate the likelihood of the proposed relocation enhancing the quality of life of the child and the relocating parent and will consider financial and emotional benefits, as well as educational opportunities. The court also looks at the economic and employment situations of both parents and potential career opportunities occasioned by the proposed relocation.

Finally, the court will consider the reasons the relocation is being sought and seek to assure it is being sought in good faith. Several additional factors may also be considered, as well as factors the court considers relevant to determining if the proposed relocation is in the best interests of the child. Because child custody requests, such as a relocation request, and determinations can be complex, it is best to understand how they are evaluated in advance when requesting a parental relocation.

Source: Leg.state.fl.us, "61.13001 Parental relocation with a child," Accessed May 2, 2016

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