2 More Relocation Factors

When deciding a child relocation case in Florida, a judge must evaluate three different areas: child-related factors, the relationship between the child and each parent, and parental concerns. The last post covered the child-related factors. Now we’ll cover the factors in the other two areas the the judge must consider.

The Parent-Child Relationships

• The nature, quality, extent of involvement, and duration of the child's relationship with each parent, and with siblings, half-siblings, and other significant people in the child's life. How involved has each parent been in the child's life? For how long? What activities do they do together? What's the child's relationship with step brothers and sisters and brothers and sisters?
• The feasibility of preserving the relationship between the objecting parent and the child through substitute arrangements that consider “how” the contact, access, visitation, and time-sharing will actually operate. Do the parents have computer technology like webcams? Is the child old enough to travel alone? Is the schedule realistic for the child's age?
• The financial circumstances of the parents as they relate to the increased travel costs and other technology costs related to contact. Can the parents afford the new travel plans?
• Whether the new visitation plan is sufficient to encourage a continuing meaningful relationship between the child and the objecting parent. Is the plan feasible? Does it provide approximately the same number of days? Is it possible that for this family, longer periods of visits can maintain the same quality of parent-child relationship?
• The likelihood that the moving parent will comply with the new visitation arrangements once he or she is out of the court’s jurisdiction. Is there a history of contempt orders entered against the one who wants to move? What is the likelihood that the cost will continue to be affordable for these parents?

Parental Concerns

• The reasons for seeking or opposing the relocation. Does the objecting parent exercise the visitation in the order or even more? Does the parent asking to move have a legitimate reason for the request?
• The current job and financial situation of each parent.
• Whether the proposed move is necessary to improve the economic circumstances of the parent seeking to move the child. As the economy and affordable housing in Florida decline, this may become a stronger reason for moving.
• Whether the relocation is sought in good faith. Is there a legitimate reason for the move? Does the requesting parent have a history of trying to avoid visitation between the child and the other parent?
  
• The extent the objecting parent has fulfilled his or her financial obligations in the case, including child support, alimony, and marital property and marital debt obligations. Again, are there sour grapes between the parents?
• The career and other opportunities available to the objecting parent if the relocation occurs
• A history of substance abuse or domestic violence as defined in s. 741.28 or s. 39.806(1)(d) by either parent. For this factor, the judge will also look at the severity of that conduct and the failure or success of any attempts at rehabilitation.

With Florida's strong policy of involving both parents, the judge will look carefully at the past conduct of each parent. Is there a history of consistent visitation that involves special parent-child activities or was there a new-found interest in the child once the request to move was made? Does the parent who wants to move have a history of trying to avoid contact between the other parent and the child? Are there financial circumstances that make the move financially necessary? The most important factor will be the impact on the meaningfulness of the contact between the objecting parent and the child., especially when there has been consistent contact in the past.

For any custodial parent who wants to move more than 50 miles away from where s/he was at the time of the last custody order, there needs to be a written agreement, notice and no objection or a trial about whether the move is in the best interest of the child. A parent who moves a child without following the new procedures can face stiff penalties, so you'll want to follow the procedures if you want to move your child.