Child custody cases can be complex and emotional, and when relocation is involved, the situation becomes even more complicated. The state of Florida has specific laws and rules governing child custody and relocation that both parents should be aware of. This article will provide an overview of the basics of child custody and relocation in Florida.
Child Custody in Florida
In Florida, child custody is handled by the court, which makes decisions based on the best interests of the child. The court considers a variety of factors when determining custody, including:
- The child’s age, physical and emotional health, and developmental needs
- Each parent’s ability to provide for the child’s needs
- Each parent’s willingness to encourage and support a relationship between the child and the other parent
- The child’s relationship with each parent, siblings, and other family members
- Each parent’s moral fitness
The court may grant joint custody, where both parents share in decision-making and parenting time, or sole custody, where one parent is designated as the primary custodial parent and the other has visitation rights.
Relocation in Florida
If the custodial parent plans to move more than 50 miles away from their current residence with the child, Florida law considers this relocation. Relocation can have a significant impact on the non-custodial parent’s relationship with the child, and the court must approve any relocation that would substantially affect the non-custodial parent’s ability to maintain their relationship with the child.
The relocating parent must give written notice of their intention to relocate to the non-custodial parent at least 60 days before the intended move. The notice must include the following information:
- The intended relocation date
- The new address and phone number
- The reasons for the move
- A proposed revised schedule for visitation or timesharing
- A statement informing the non-custodial parent of their right to object to the relocation
If the non-custodial parent objects to the relocation, they must file a petition within 30 days of receiving the notice. If the non-custodial parent does not object or fails to do so within the required time frame, the court may approve the relocation based on the best interests of the child.
Factors the Court Considers in Relocation Cases
When deciding whether to approve a relocation request, the court considers several factors, including:
- The child’s relationship with both parents
- The reasons for the relocation
- The proposed revised schedule for visitation or timesharing
- The child’s age, physical and emotional needs, and developmental level
- The potential impact of the relocation on the child’s schooling and extracurricular activities
- The ability of each parent to facilitate and maintain a relationship between the child and the other parent
The court may also consider any evidence of domestic violence or child abuse in making its decision.
Conclusion
Child custody and relocation cases can be emotionally challenging and legally complex. Understanding Florida’s laws and rules regarding child custody and relocation can help parents navigate the process more effectively and ensure that all decisions are made in the best interests of the child. Consulting with an experienced family law attorney can be an essential step in protecting your rights and achieving the best possible outcome in your case.