Parents with time-sharing or visitation rights generally get to see their children regularly. They may live quite close to the other parent or the home that they maintained during their relationship to facilitate regular visitation or custody exchanges.
That arrangement can change rapidly in cases where one parent wants to move to pursue a new job or begin a new long-term relationship. They may propose relocating with the children, which can drastically alter custody arrangements. If a move might take the children out of the state or significantly increase travel time between the parents’ homes, it could interfere with an established time-sharing arrangement.
Do the Florida courts generally approve relocation requests when one parent wants to move away with their children?
The relocating parent faces the burden of proof
If the parents can agree on the need to relocate and how to modify the custody order, they can work cooperatively for an uncontested modification. If they do not agree on what is necessary, then the matter may go to court.
In a contested relocation scenario, the burden of proof is on the relocating parent. They must show that the move is in the best interest of the children and for a valid reason, rather than simply a desire to increase the distance between parental households. The parent opposing the relocation can respond to those claims with their own evidence. A judge can then determine what is appropriate, given the family’s situation.
Understanding how to navigate a parental relocation case can help parents protect their bond with their children while moving on with their lives after a relationship ends. Parents proposing a relocation or attempting to contest one may need guidance from a Florida family law attorney, and that’s okay.