One of the toughest issues for divorced parents is the issue of relocation. At Henderson Legal Group, we know that moving with a child raises a host of issues for all family members. Oftentimes, relocation matters arise after a divorce is final and requires legal assistance to facilitate or prevent a move.
For cases with two custodial parents, court approval is normally required when one parent want to move more than 50 miles from their current residence. The non-custodial parent must respond through the courts, as failure to respond in a timely manner is considered approval.
When deciding a relocation case, Florida courts always begin with consideration of the child’s best interest. The judge will consider the child’s age, distance to be relocated, and questions such as:
- Do any changes in circumstances justify the move?
- What impact would the move have on the quality of life for the child and parents?
- If the move occurs, what would the impact be on the non-custodial parent’s ability to spend time with the child?
- Would a revised visitation significantly impact the child’s ability to continue a relationship with the non-custodial parent?
The burden always rests on the parent requesting the change in order to show that the move is in the child’s best interest. The Henderson Legal Group is prepared to help you present your relocation case in Florida court whether you’re the custodial parent seeking to move or the non-custodial parent trying to stop a move from occurring. We will consider the facts of your unique family situation and help you find a solution in the best interest of the child.