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Note that information given in this section cannot take the place of independent, legal or financial divorce advice. Please read our disclaimer.

 

"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:

• Whether the move will be likely to improve the general quality of life for both the residential parent and the child;

• The extent to which visitation rights have been allowed and exercised;

• Whether the primary residential parent, once out of the jurisdiction, will be likely to comply with substitute visitation arrangements;

• Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent;

• Whether the cost of transportation is financially affordable by one or both parties;

• 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. You can reach this divorce attorney at the Law Offices of Braverman & Hymowitz in Fort Lauderdale at (954) 524-0505, ext. 201. View his Divorce Magazine profile online.