Common Issues That Arise From Child Relocation Cases

After divorce, a parent may choose to relocate to another area or state for numerous reasons. They may want to be closer to extended family, get a new job, or simply want to start fresh. If a parent has custody of children and wants to relocate, this can create a number of problems. This is particularly true when the custodial parent wants to move to another city or even another state. In these cases, the courts must intervene to determine whether or not the move is in the best interests of the children. In this article, the Tampa, FL divorce lawyers at Westchase Law, P.A. will discuss Florida’s relocation statute and how it will apply to your relocation case.

Understanding Florida’s child relocation law 

If a parent wants to move more than 50 miles from a child’s current place of residence, the parent requires the permission of the court. Florida law sets forth the factors that the courts must consider when rendering a judgment on child relocation. These include:

• The reason a parent wants to relocate or opposes the relocation
• The quality, nature, and extent of each parent’s relationship with the child
• The age of the child, their developmental stage, and the impact a relocation would have on them
• The practicality of sustaining a relationship between the child and the non-moving parent
• The child’s preference, if they are old enough to make a mature decision
• Whether or not the move would improve the child’s overall quality of life and the relocating parent
• Whether relocation would enhance the relocating parent’s financial situation
• The extent to which the non-moving parent has met their financial obligations to their children

These factors help the court determine whether relocation is in the best interests of the child. These factors are weighed against the potential problems a relocation may cause.

Potential problems a relocation may cause

For the non-moving parent, relocation is generally not in their best interests. It may mean they lose access to the child for long periods of time. The most common problems caused by relocation include:

• The logistics of accessing the child and the cost of traveling will likely mean that the non-moving parent and the child do not see each other as often as they would like
• The non-relocating parent will likely miss many important events in the child’s life including sporting events, school plays, and parent-teacher conferences.
• The relocating parent may alienate the non-relocating parent. In other words, they may turn the child against the non-relocating parent. This is especially true if the parent enters into a new relationship or marries.
• Relocation can cause a child psychological harm. They will lose access to a community that they are familiar with. Courts generally prefer stability in a child’s life.

The courts recognize that these are some of the problems caused by relocation. When they decide to allow a parent to relocate, they must consider the negative impact the relocation will have on the child and the non-moving parent.

Talk to a Tampa, FL Child Relocation Lawyer Today 

Are you considering moving to a different city or state with children of a previous marriage? You will need court approval before you can move. The Tampa, FL family lawyers at Westchase Law, P.A. can help advocate on your behalf and show that the move is in the child’s best interests. Call our office today to learn more.