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"If the primary residential parent wishes to relocate with the children far from where the other parent is living, what factors does the court consider in determining whether to permit the relocation?"


In Florida, there is no presumption in favor or against a request to relocate when a primary residential parent seeks to move the child and will materially affect the current timesharing schedule with the secondary residential parent. In making a determination whether or not to allow the primary residential parent to relocate with the child, the court must consider the following factors:

  • Whether the move will be likely to improve the general quality of life for both the residential parent and the child;

  • The extent to which visitation rights have been allowed and exercised;

  • Whether the primary residential parent, once out of the jurisdiction, will be likely to comply with substitute visitation arrangements;

  • Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent;

  • Whether the cost of transportation is financially affordable by one or both parties;

  • Whether the move is in the best interest of the child.

 

Probate Attorney, Estate planning, Wills, Trusts, Estates Lawyer, Business Attorney, Trust Administration, Powers of Attorney, Asset Protection, Financial Advisor, Retirement & Investment Planning
Serving Fort Lauderdale, Ft. Lauderdale, Boca Raton, Hollywood, Broward County, Palm Beach County, Florida

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