If your ex is considering moving to another state with your child – or if you have custody and are considering a move – a Florida family law attorney can help you understand the legal aspects of child relocation and your rights as a parent.
First, you cannot move out of state with your child without notifying the court. If you do, you risk a number of legal sanctions. Because child relocation is usually a highly emotional issue, it is important to follow the law and consider what is in the best interests of the child.
The best interests of children are what the court considers in any child relocation, custody or visitation situation. In the case of relocation, the court will likely place great weight on the impact such a move will have on each child. The court will also take into consideration the following:
• The circumstances that are causing the relocation, such as a job loss, reassignment or new employment
• Whether or not the move is motivated by a desire on the part of the custodial parent to separate the child from the other parent
• How the non-custodial parent’s visitation rights will be affected
• If the move will positively affect the child
Be sure you consult with a Florida child custody lawyer before making any move out of state with your child.