“If the primary residential parent wishes to relocate with the minor child or children to a different state or a large distance from where the secondary residential parent is living, what factors does the court consider in making a determination whether or not to permit the requested relocation?”
In Florida, there is no presumption in favor or against a request to relocate when a primary residential parent seeks to move the child and will materially affect the current timesharing schedule with the secondary residential parent. In making a determination whether or not to allow the primary residential parent to relocate with the child, the court must consider the following factors:
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Whether the move will be likely to improve the general quality of life for both the residential parent and the child;
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The extent to which visitation rights have been allowed and exercised;
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Whether the primary residential parent, once out of the jurisdiction, will be likely to comply with substitute visitation arrangements;
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Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent;
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Whether the cost of transportation is financially affordable by one or both parties;
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Whether the move is in the best interest of the child.
Alan Jay Braverman is a divorce lawyer and has been a member of the Florida Bar since 1973. He is Florida Board Certified in the area of Marital and Family Law.
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