Parental Relocation

A parent might decide to move to a new city or state based on a new job opportunity, to join a new spouse, to be closer to family, or for other reasons. Depending on the reasons why a parent might want to relocate with the child, they might be viewed as pursuing their own interests over those of their child.

When a parent wants to move with a child, the court will consider how the child will be affected by the move and the parent’s motivation for relocating. If a parent wants to move to a new city that is fairly distant, it can disrupt the time-sharing arrangement they have in place and force the child to begin at a new school while having to make new friends. It can also mean that the other parent will have more difficulty seeing their child if the court approves the relocation.

Because of the issues involved with a proposed parental relocation, Florida courts are strict and carefully consider the motivations for the move. The court will want to do whatever is in the child’s best interests instead of the parent’s. The parent who wants to move will have the burden of showing that the proposed relocation is in their child’s best interests.

Some of the factors that might be involved with a proposed relocation include the following:

• Distance of the move
• Whether the parent wants to relocate out of spite
• Whether the parent needs to move because of a job transfer
• The child’s connection to the community, school, and friends
• Whether one parent is attempting to manipulate the child
• The impact of the proposed relocation on the child’s ability to build a relationship with the other parent

The parents can agree to a proposed relocation, or the other parent can object to a proposed relocation involving the child. If the case goes to court, it will be important for both parents to be prepared with evidence about what is in the child’s best interests and the potential impacts of the move.