Many divorced parents deal with the issue of relocation at some point. Here in Florida, if the parent who has primary custody of the children wants to move more than 50 miles away, they need to get the other parent's approval. If that parent doesn't give their authorization, they can take the matter to court.
It's essential to understand what factors a court looks at in determining whether or not to allow the move. A key factor, of course, is what's in the children's best interests. The parent seeking to relocate is typically expected to present a "good faith" reason. These reasons are often tied, at least indirectly, to the children's best interests. Good faith reasons for parental relocation include things like:
- Being able to live closer to family members who can help care for the children
- Being offered a new job
- Continuing their education
- Moving to an area that's more affordable
If a parent can't provide evidence of a good faith reason for the move, a judge may suspect that they have a "bad faith" reason -- such as wanting to move the children farther away from their co-parent to limit their contact with their kids. Unfortunately, some parents seek to do this simply out of revenge.
Whether you're the parent who's seeking to relocate with your children or your co-parent is, it's essential to understand Florida laws involving relocation and how you can work to present a strong case in court. Your family law attorney can provide valuable guidance, help you protect your rights and do what's best for your children.