child packing suitcaseThis is the next post in my series on how our state’s joint custody laws impact parents in Melbourne and other areas. My last article discussed when Florida Courts will grant primary custody, as opposed to a shared arrangement, to a parent. It is important to remember that the Court will only vary from the presumption of joint custody if doing so would serve the best interest of the child. The Court will look to objective evidence when determining what is in the best interest of a youth. Retaining an experienced family law attorney is an important step towards making the best possible case before the Judge. In this article, I will discuss how a parent’s request to move out of state is impacted by having joint custody. If you or a family member are in need of assistance then contact us today to speak with a lawyer.

Florida does not have a separate child relocation standard for parents who share joint custody of the child

Florida is different from some other states in that it does not have one child relocation standard for parents with joint custody and another for situations where a parent has primary custody. Nevada, for example, requires a parent with joint arrangement to Petition for a change of custody in addition to requesting permission to relocate. A parent with

primary custody does not have to request to change custody. Florida, by contrast, does not place an extra requirement on a parent with joint custody. Either parent may request permission to move and they do not have to show a material change of circumstances in order to bring a request.

The Court will consider several factors when determining whether a parent can relocate out of state with the child. These factors include, but are not limited to, the nature of the relationship between the child and each parent, the extent to which the relocation will enhance the life of the requesting parent, whether the move is economically necessary, whether the objecting parent has met their financial obligations to the requesting parent, and more. The Court is not considered to weigh these factors equally. In other words, one factor may weigh so heavily in favor of a parent that the Court may decide the matter on that basis alone. It must be remembered, however, that how the Court will rule in any given situation will always depend on the specifics of the case.

Melbourne parents who have joint custody may have to have a stronger case for moving out of state

As mentioned above, one of the factors the Court will consider is the historical relationship between the child and each parent. When a child has been spending fifty percent of their time with the objecting (the non-moving) parent, then this factor will typically weigh more heavily in favor of the objecting parent than it would in a case where the moving parent has primary custody. This will often mean that the moving parent must make a stronger case in terms of the other factors which the Court will consider. When bringing a relocation request, it is important to remember that no two situations are the same. Discussing your situation with an experienced attorney can help you to determine the merits of your case and the types of evidence which should be presented to the Court.

If you or a family member are in need of assistance then contact my office today to speak with a Melbourne child relocation lawyer. I devote my practice exclusively to the handling of domestic relations cases and am experienced in handling matters where a parent wishes to move out of Florida. I pride myself on providing a high level of service and we look forward to speaking with you. We serve clients in Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.