How Will the Move Affect Your Child?

If a parent objects to a child relocation in Florida, the law lists eleven specific factors for the judge to consider. Even if the judge allowed a temporary move while the case was pending, that will not affect the final decision. The judge has to evaluate all the factors again at the time of trial.


The eleven factors cover three different aspects:

1. Child-related factors
2. The relationship between the child and each parent,
3. Parental concerns.

In this post you will find the child-related factors. The parental concerns and parent-child relationships will follow in the next post.

Warning: These two posts will include more than 11 points because some of the factors cover several points. Each point will be listed separately so that you can better understand exactly what will be considered by the judge.

Child-Related Factors

• The child’s age and developmental stage. Younger children need more frequent contact.
• The needs of the child. Any special circumstances or needs of the child that should be considered.
• The likely impact of the relocation on the child's physical, educational, and emotional development, taking into consideration any special needs of the child. Will there be any detriment to the child in these areas as a result of the move?
• The child's preference, taking into consideration the age and maturity of the child. Keep in mind that while a preference may be expressed from around the age of 10 to 12, the judge will not allow the child to testify unless there is good cause and the child is at least 16 years old.
• Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including financial or emotional benefits or educational opportunities. Considerations such as quality of schools and neighborhoods are child-related focus of this factor, while employment opportunities are the focus of the parent-related part of this factor.
• Any other factor affecting the best interest of the child or as set forth in s. 61.13.

These child-related factors are straightforward, except the catch-all “any other factor” point. You will have to review the general custody factors again to see if any might apply to your situation.

The next post will contain the parent-child relationship and parental concerns factors that the judge must consider in deciding whether to permit relocation under Florida's new law.