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Relocation by a Parent with the Children in the Orlando, Florida Area

The right of a parent to procreate and make decisions regarding, care, custody, and control of his or her natural child is among the most constitutionally recognized liberty interests. These constitutional rights are recognized by the Florida Constitution and the United States Constitution. In relocation litigation, this fundamental interest is balanced against the right to travel. Consideration of both rights, along with the polestar consideration of the best interests of the child, presents courts with a unique challenge. 

Florida Relocation Statute

Under Florida Statute 61.13001(2022), a party desiring to relocate fifty or more miles from his or her principal place of residence must obtain an agreement from the other parent and every other person entitled to access to or time-sharing with the child. 61.13001(2)(a), Florida Statute. 

The petition must be served upon the other parent and every other person entitled to access to or time sharing with the child. The statute allows an objecting party to file an answer to the petition. The answer objecting to a proposed relocation must be verified and include the specific factual basis supporting the reason for seeking a prohibition of the relocation, including a statement of the amount of participation or involvement the objecting party currently has or has had in the life of a child. 61.13001(5), Florida Statute.

Examination by a Judge

The trial judge examines the enumerated statutory factors and all other salient considerations of Florida Statute 61.13001(7)(a)-(k) to determine if relocation is in the best interest of the child. This entails a best interest determination at the time of the final hearing which is a present based analysis. The court may not consider potential future, or even anticipated, events as a substitute for evidence. 

A move that will enhance the living situation of the custodial parent is in the best interest of the child. However, a continued relationship with the other parent and their family is also consistent with the best interest of the child because it provides a singularly stabilizing force in the life of the child. Therefore, the court must determine whether available visitation alternatives could adequately foster a continuing and meaningful relationship between the child and the other parent.   

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.