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Numerous Factors are Considered in Relocation Request Situations

On behalf of The Law Offices of Cindy D. Sackrin posted in Child Custody on Friday, July 17, 2015.

Life and circumstances can change which is why many parents may wonder how changing circumstances following a child custody agreement may impact the agreement. In particular, a parent seeking to relocate with children may wonder what legal options for relocation are available and under what circumstances they may relocate with their children.

When evaluating a proposed relocation, the court considers a number of different factors. Factors the court considers includes the child's relationship with the parent proposing to relocate with the child, the non-relocating parent and any siblings or other individuals who are important in the child's life and the likelihood that the child will be able to maintain a relationship with the non-relocating parent and the likelihood that the relocating parent will comply with requirements to facilitate the arrangement once out of the court's jurisdiction.

In addition, the age, needs and development of the child and any likely impact the relocation may have on the child's physical, emotional and educational development is considered as well as the child's preference, given the child's age and maturity level. Factors also considered by the court when examining a request for relocation include the likelihood that the relocation will enhance the quality of life of the relocating parent and child. This means they consider the financial, educational and emotional benefits and opportunities provided by the relocation and the employment and economic circumstances of the parties and whether or not the proposed relocation is necessary to improve employment or economic circumstances of the parent seeking relocation.

Lastly, the court will consider if the relocation is sought in good faith and that the objecting parent has fulfilled their financial obligations, as well as any history of abuse and some additional factors. Additional factors that impact the best interests of the child may also be considered when a court considers the importance of a request such as a proposed relocation. Due to the significance of a relocation request, it is best for both parents to understand how relocation requests are evaluated to help get through what is likely an emotional issue for all parties involved.

Source: The Florida Legislature, "61.13001 Parental relocation with a child," Accessed July 12, 2015

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