Navigating Relocation In Divorce Cases
Relocation in divorce cases can be a complex and emotionally charged issue. When one spouse wishes to move away with their children, it can lead to challenging legal disputes. At HAWM Law’s family law firm in Orlando, Florida, we specialize in custody, paternity, and divorce cases.
Relocation in Divorce Cases
Relocation refers to a situation where one spouse desires to move a significant distance with their child or children following a divorce. In such cases, the primary concern is the best interests of the child, which is a paramount factor under Florida law. The court will evaluate various factors to determine whether the relocation is in the child’s best interests.
Factors Considered in Relocation Cases
The best interests of the children are Florida’s primary concern in any matters involving children, including relocation cases. The Court will consider a variety of factors impacting the children’s best interests and implement a balancing test to make their ultimate decision.
- Child’s Well-Being: Florida courts always prioritize the well-being of the child. They consider the child’s age, emotional ties with both parents, and the potential impact of the move on their overall stability and development.
- The Parent’s Reasons for Relocation: The relocating parent must have valid reasons for the move. Common reasons include job opportunities, educational advancements, or support from extended family. It is essential to provide clear and compelling justifications.
- Proposed Visitation Schedule: The court will examine the proposed visitation schedule for the non-relocating parent to ensure that the child continues to maintain a strong relationship with both parents. In cases where both parents are fit to be involved in the child’s life, courts prefer to have both parents involved in the child’s life.
- Educational Opportunities: The impact of the move on the child’s education, including school changes and potential disruptions, will be considered.
- Quality of Life: The court will assess whether the move will provide the child with an improved quality of life, taking into account factors like financial stability, safety, and overall well-being.