Child Custody And Florida’s Relocation Statute

The Florida courts craft custody and visitation arrangements on the principle that the child benefits from having continued relationships with both parents. However, circumstances change. One parent may decide to move to another state or even across the country. This can create numerous problems. Court intervention may be needed to resolve them.

In Florida, if a parent wants to move more than 50 miles away from the child’s current residence, they require the permission of the court when there is an active custody agreement in place. The Florida relocation statute sets out the factors that the court must consider when determining whether or not to allow a parent to move. These include:

• The reasons each parent is seeking or opposing the relocation
• The nature, quality, extent, and duration of the child’s relationship with each parent
• The age and developmental stage of the child including the likely impact that the relocation will have on the child
• The ability to preserve the relationship between the non-moving parent and the child
• The child’s preference when considering the child’s age and maturity level
• Whether the relocation will enhance the quality of the child’s life
• Whether the relocation will improve the economic circumstances of the child
• To what degree the non-moving parent has fulfilled their financial obligations to the other parent

When applying these factors, the courts recognize that in certain circumstances, a child’s well-being can be improved by a proposed move. For example, if one parent has primary residential custody of the child, that parent’s economic situation might be vastly improved by relocation. However, the court must balance those benefits against the reality that a long-distance move can strain the relationship between the non-moving parent and the child. This can happen in a number of ways:

• Due to the costs and logistics of traveling, a move will likely mean that the child and the non-moving parent will see each other less frequently than they would if the parent’s homes were within driving distance.
• The non-moving parent will no longer be present at important events such as sporting activities, school plays, and parent-teacher conferences.
• The child may become alienated from the non-moving parent
• The child may suffer emotional or psychological harm such as anxiety and depression

Although technologies like Zoom have made it easier for parents and children to talk to each other face-to-face over long distances, nothing replaces the social bond of actually being together.

If you are a parent who is considering relocating with your child or a parent who is opposing the proposed relocation of your co-parent, Greater Orlando Family Law can advocate on your behalf and ensure that the court is very aware of your preferences. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing what arguments you’ll need to make to prove that the relocation either is or is not in the best interests of your children.