WHAT FACTORS MAY THE

COURT TAKE INTO ACCOUNT IN

DECIDING WHETHER

RELOCATION IS IN YOUR

CHILD’S BEST INTERESTS?

TINA L. LEWERT, ESQ.

The Parent that is Relocating With the Child Obviously Feels That It is in the Best Interest of The Child to

Relocate But the Parent Who Will Now Be Further Away From His or Her Child Feels as If the Other

Parent is “Stealing” the Child Away

What Factors May the Court Take into Account in Deciding Whether Relocation Is in Your Child’s Best Interests? 2

Divorce is difficult on children; however, when one of the parents seeks to relocate, a

difficult situation can quickly turn bitter and frustrating. The parent that is relocating

with the child obviously feels that it is in the best interest of the child to relocate;

however, the parent who will now be further away from his or her child feels as if the

other parent is “stealing” the child away. Unfortunately, the reality of the mobile

society we live in today means that families move more often.

In most cases, parents share parental responsibility, meaning that both parents are

active participants in their child’s life. They share the care, custody and control of their

children by retaining full parental rights and responsibilities. Both parents are required

to consult each other regarding any major decisions affecting the welfare of the child.

Florida adopted specific custody statutes that are intended to ensure that both parents

What Factors May the Court Take into Account in Deciding Whether Relocation Is in Your Child’s Best Interests? 3

share the joy and responsibility of child rearing because it is in the best interest of the

child to have a close bond and meaningful relationship with both parents.

The State of Florida, in its continuing desire to protect the best interest of the child,

recognized that this problem would continue to be an issue as parents seek to relocate

with their children. In an effort to set forth guidelines to help judges determine what

would be in the best interest of the child, the state legislature enacted new statutes that

address relocating children.

Petitioning the Court for Approval to Relocate Children

Under current Florida relocation laws,

if a parent desires to relocate a child

more than 50 miles from the child’s

current home, he or she must petition

the court for permission to move the

child. The parent must demonstrate

to the court that the relocation is in

the child’s best interest and that the

time-sharing agreement should be modified to allow the parent to relocate with the

child.

If the parents have not come to an agreement that they can present to the court for

approval, the other parent has the opportunity to object to the petition to relocate the

child. If a parent or other party with rights under a time-sharing plan fails to respond to

What Factors May the Court Take into Account in Deciding Whether Relocation Is in Your Child’s Best Interests? 4

the petition to relocate, the court will assume that the relocation is in the best interest

of the child and enter an order approving the petition for relocation.

If the non-relocating parent or other party in

interest files an objection to the petition to

relocate, a hearing will be scheduled. The

parent petitioning the court for approval to

relocate the child must prove to the court by

a preponderance of the evidence that

relocating the child is in the best interest of

the child. If the court finds that the

petitioning parent meets this burden of

proof, then the objecting parent has the

burden of proving by a preponderance of the

evidence that relocating the child is not in the

best interest of the child. The court considers

numerous factors in determining the best

interest of the child with regard to the proposed relocation.

Factors Used to Determine if Relocation is in the Best Interest of

the Child

According to the Florida relocation statute, the court will consider the following factors

when deciding if relocation is in the best interest of the child:

What Factors May the Court Take into Account in Deciding Whether Relocation Is in Your Child’s Best Interests? 5

(a) The nature, quality, extent of involvement, and duration of the child’s

relationship with the parent or other person proposing to relocate with the child

and with the non-relocating parent, other persons, siblings, half-siblings, and

other significant persons in the child’s life.

(b) The age and developmental stage of the child, the needs of the child, and

the likely impact the relocation will have on the child’s physical, educational, and

emotional development, taking into consideration any special needs of the child.

(c) The feasibility of preserving the relationship between the non-relocating

parent or other person and the child through substitute arrangements that take

into consideration the logistics of contact, access, and time-sharing, as well as the

financial circumstances of the parties; whether those factors are sufficient to

foster a continuing meaningful relationship between the child and the non-

relocating parent or other person; and the likelihood of compliance with the

substitute arrangements by the relocating parent or other person once he or she

is out of the jurisdiction of the court.

(d) The child’s preference, taking into consideration the age and maturity of the

child.

(e) Whether the relocation will enhance the general quality of life for both the

parent or other person seeking the relocation and the child, including, but not

limited to, financial or emotional benefits or educational opportunities.

What Factors May the Court Take into Account in Deciding Whether Relocation Is in Your Child’s Best Interests? 6

(f) The reasons each parent or other person is seeking or opposing the

relocation.

(g) The current employment and economic circumstances of each parent or

other person and whether the proposed relocation is necessary to improve the

economic circumstances of the parent or other person seeking relocation of the

child.

(h) That the relocation is sought in good faith and the extent to which the

objecting parent has fulfilled his or her financial obligations to the parent or other

person seeking relocation, including child support, spousal support, and marital

property and marital debt obligations.

(i) The career and other opportunities available to the objecting parent or other

person if the relocation occurs.

(j) A history of substance abuse or domestic violence by either parent, including

a consideration of the severity of such conduct and the failure or success of any

attempts at rehabilitation.

(k) Any other factor affecting the best interest of the child.

What Factors May the Court Take into Account in Deciding Whether Relocation Is in Your Child’s Best Interests? 7

Learn More about the Florida Relocation Statute from an

Experienced Boca Raton Relocation Attorney

Tina L. Lewert, Esq. is an experienced family law trial attorney who willwork tirelessly to

protect the best interest of your child. Her extensive family law experience allows her

to formulate a strategy that takes into consideration the details of your case to help you

achieve the outcome you desire. Ms. Lewert has a great deal of litigation experience

trying parental relocation matters on both sides of the issue.

Ms. Lewert is Florida Board Certified Specialist in Marital and Family Law so you can

trust that you will be receiving expert legal counsel as you contemplate your options

regarding the relocation of your child. ContactLewert Law Offices today at 561-544-

6861 to schedule an appointment.

What Factors May the Court Take into Account in Deciding Whether Relocation Is in Your Child’s Best Interests? 8

About the Author

Tina L. Lewert, Esq.

Tina L. Lewert, Esq. is a seasoned lawyer who works with

clients to resolve all of their family law and divorce issues,

including complex asset distribution, child custody and

parenting issues, child support, alimony, and marital

agreements, working diligently to obtain the best results

possible. As a Board Certified Specialist in Marital & Family

Law, Ms. Lewert is one of fewer than 6% of lawyers in

Florida who has been designated by The Florida Bar as an

“Expert” in her area of practice. Board Certification is the

highest level of recognition by The Florida Bar of the

competency and experience of attorneys in their field. Certified lawyers are the only

lawyers permitted to identify or advertise themselves as “Experts,” “Specialists,” or

“Florida Bar Board Certified.” Achieving such status involves meeting the rigorous

standards set by The Florida Bar Board of Legal Specialization and Education, which is

operated by the Supreme Court of Florida, and includes favorable confidential peer and

judicial review, extensive continuing legal education, and substantial involvement and

trial work in marital and family law cases sufficient to demonstrate special competence

in the area of practice. Ms. Lewert is also a Supreme Court Certified Family Law

Mediator.

Lewert Law Offices

The Plaza 5355 Town Center Road, Suite 203 Boca Raton, Florida 33486 Phone: 561-544-6861 Website: www.lewertlaw.com