Separating from a former partner is almost always difficult, but there can be even more hurdles involved when the two of you share a Florida child and one of you wants to relocate. At the Law Office of Philip J. Schipani, we understand the state’s rules when it comes to relocating with a child, and we have helped many clients on both sides of the equation achieve solutions that meet their needs.
Per the Florida State Legislature, one way your former partner can relocate with your child is if you and he or she agree to the move and provide written consent ahead of it. If, however, your former partner wants to move your child more than 50 miles away and you are not in agreement or on board with the move, your former partner will have to gain permission from the court before doing so.
Ultimately, whether he or she will prove successful in his or her quest to relocate will depend on several factors, with the most important being what the court considers to be in your child’s best interest. For your partner to be able to move, he or she will have to demonstrate how moving away is in the child’s best interests, and not just the best interests of the parent requesting permission for relocation.
On the flip side, if you wholly oppose your child’s other parent relocating with your child, you will have to demonstrate why you feel that your child moving away from you would be detrimental to his or her well-being. You can expect the court to then consider factors such as how close you are with your child and whether the move would hinder his or her growth, development and familial relations, among other considerations, before rendering a decision. More about child custody and parental relocation is available on our web page.