Pursuant to Florida Statutes 61.13001, a parent who desires to relocate more than 50 miles from his or her principal place of residence with the child must either obtain a court order allowing the relocation, or obtain written agreement to the relocation by the other parent.
If the parent seeking to move is unable to agree with the other parent regarding relocation, the statute prescribes a specific process that needs to be followed in order to have a court determine the issue of whether the party will be allowed to move with the child. The factors that the Court will evaluate are as follows:
The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life
The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
The child’s preference, taking into consideration the age and maturity of the child.
Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
The reasons each parent or other person is seeking or opposing the relocation.
The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
The career and other opportunities available to the objecting parent or other person if the relocation occurs.
Furthermore, if a parent is notified that the other parent seeks to relocate with a minor child, there are specific motions that must be filed by the objecting parent. If the objecting parent fails to timely file the appropriate objection, that parent may lose the right to dispute the move.