Relocation with minor children is a tricky issue for divorced parents even long after they have finalized their divorces and parenting plans.

The State of Florida has recognized that many parents are moving out of state after divorce than in the past. In the past few years, Florida has adopted new statutes to address the issues raised by this trend. Today, if either parent wants to move more than 50 miles away from their present location after Divorce attorney filed in Florida’s legal system, they must petition the court for permission to do so. If the relocating parent desires to shift with the child, he or she must petition the court and demonstrate that the relocation is in the child’s best interest. As per Divorce law, if the relocation will affect the other parent’s time sharing with the child as established in a Final Judgment of Dissolution of Marriage, the relocating parent will have to meet the higher burden associated with modifying a custody-visitation arrangement. The other parent is given an opportunity to object the relocation and the law sets forth a series of factors the courts must consider when determining whether to allow relocation.

Elaine M. Simon is a Defense Lawyer, practicing in the state of Florida since 2000. She can comprehend the practical reasons why parents might have to relocate. She also understands the emotions non-moving parents feel when facing the possibility of their children moving away.

Elaine M. Simon has the capabilities to represent parents in both situations. Whether you are considering relocating your family or your former spouse intends to relocate, Elaine M. Simon can provide experienced representation. She is a determined negotiator and persuasive litigator of her clients. She is profoundly familiar with all divorce attorney related factors and prepares her arguments in lieu of the tact required to deal with her client’s unique situations; while the Judge considers granting child relocation requests.

No presumption; Factors to determine contested relocation:

  • 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.
  • 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(ren).
  • 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.
  • The child’s preference, taking into consideration the age and maturity of the child.
  • Whether the relocation will enhance the general quality of life for both the parent and other person seeking the relocation and the child, including but not limited to financial or emotional benefits or educational opportunities.
  • The reasons each parent or other person is seeking or opposing the relocation.
  • 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(ren).
  • 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.
  • The career and other opportunities available to the objecting parent or other person if the relocation occurs.
  • 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.
  • Any other factor affecting the best interest of the child(ren).