What is the law regarding child relocation?
In Florida, the law surrounding child relocation is complicated and requires a court order obtained from the circuit court. There are two primary scenarios in which child relocation is relevant: (1) when a parent seeks to move more than 50 miles away, and (2) when both parents have joint custody. When a parent wishes to move more than 50 miles away, they must obtain a court order modifying the parenting plan in order for the relocation to be legally valid. The court will consider the best interests of the child when determining whether the relocation is in the best interest of the child. The non-relocating parent must also be aware of the move and must be given 60 days’ notice prior to the move. When both parents have joint custody, the parent who wishes to relocate must again obtain a court order in order to legally move with the child. The court will consider several factors when determining whether the relocation is in the child’s best interest, including the reasons for the relocation, the distance of the move, the quality of the existing custodial environment, any disruption to the child’s education, and the likelihood of the non-relocating parent maintaining a meaningful relationship with the child after the move. Ultimately, in Florida, it is necessary to obtain a court order in order for the relocation to be legally valid, regardless of whether the parent has sole or joint custody. The court will always prioritize the best interests of the child when considering a relocation request.
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