Florida law is very specific in outlining what a parent can do to relocate a child to an alternate jurisdiction. Relocation, or change of domicile of a child is often petitioned along with determinations of child custody and other parenting determinations, such as visitation. A parent cannot just leave the current home state of the child with the child. If a parent wants to move more than 50 miles from the other parent, he or she must petition the court for permission. Many factors are pertinent to the judge’s decision in granting the relocation, but an effort by one parent to deny parenting time to the other parent by moving further away is a key factor.
Putting the child/children’s best interests first is at the heart of the relocation or change of domicile ruling. Expert Family Law Attorneys, like the Marquez-Kelly Law Firm, must present Family Law Judges with evidence of key determination components. Chief among determining factors is the concern that the non-custodial parent will be able to maintain a parenting relationship. History of domestic violence will also be a key factor, as well as what the non-custodial parent can offer to the children in the way of meeting the needs of the children’s regular activities. If the non-custodial parent fights the relocation, the determination will be made in a hearing or trial.