Relocating from Florida with minor children can often times present a challenging situation. The Court must engage in a balancing test between the rights of the parent wishing to relocate against the rights of the stay behind parent. Ultimately, the judge must decide the issue based on the best interests of the minor children.
The judge’s discretion however, is not unlimited or unchecked. The trial judge is bound to follow the mandates of the Florida relocation statute, found in Florida Statue 61.13001.
The relocation statute includes a list of ten (10) factors that the judge hearing the case is required to consider. No one factor is more important than any other. The judge will hear evidence on all of the various factors, and do what is best for the children.
In preparing your case for court, whether you are seeking to relocate, or are opposing the relocation, be sure to have all of your evidence you intend to present as to each factor organized, and ready to submit in a concise fashion.
What do you do if you are presented with a job offer or other employment opportunity, the acceptance of which is time sensitive? Often time Court proceedings can be a long and protracted experience. The relocation statute provides a specific remedy for this very situation.
You have the right to request a temporary relocation, if you are pressed for time. The statute requires that you be heard on a temporary request to relocate within 30 days of your request.
The relocation statute has many technical requirements. You must be certain to comply with each and every one of them, or you may find your petition denied on procedural deficiencies. That is the last thing you would want.
A temporary right to relocate does not necessarily mean an automatic right to relocate at a final hearing. The relocation statute is very specific regarding this point. A judge is not permitted to give any weight to the fact that a temporary relocation was granted or denied, when considering the case for final resolution.
The stakes are high when either seeking or opposing a relocation with minor children. You want to be sure you get it right. Contact Boca Raton divorce and family law attorney, Alan R. Burton, an attorney with over 37 years of experience for assistance. You can reach him directly, 7 days a week, at 954-295-9222.