When a client called today to discuss relocation, I thought I should ad a Relocation note to this blog.
As you review, please realize there is no consideration for high assets or significant income inequality in consideration under these rules.
Relocation is covered by Florida Statute 61.13001. In the absence of an
agreement between the parties, a court must answer the following questions in
order to determine Relocation is in the Best Interests of the Child. (Best Interests of the Child is the standard, NOT best interests of the Adult)
the court shall evaluate all of the following:
(a) The nature, quality, extent of involvement, and duration of the
child’s relationship with the parent or other person proposing to relocate with
the child and with the nonrelocating parent, other persons, siblings,
half-siblings, and other significant persons in the child’s life.
(b) The age and developmental stage of the child, the needs of the
child, and the likely impact the relocation will have on the child’s physical,
educational, and emotional development, taking into consideration any special
needs of the child.
(c) The feasibility of preserving the relationship between the
nonrelocating parent or other person and the child through substitute
arrangements that take into consideration the logistics of contact, access, and
time-sharing, as well as the financial circumstances of the parties; whether
those factors are sufficient to foster a continuing meaningful relationship
between the child and the nonrelocating parent or other person; and the
likelihood of compliance with the substitute arrangements by the relocating
parent or other person once he or she is out of the jurisdiction of the court.
(d) The child’s preference, taking into consideration the age and
maturity of the child.
(e) Whether the relocation will enhance the general quality of life
for both the parent or other person seeking the relocation and the child,
including, but not limited to, financial or emotional benefits or educational
opportunities.
(f) The reasons each parent or other person is seeking or opposing
the relocation.
(g) The current employment and economic circumstances of each
parent or other person and whether the proposed relocation is necessary to
improve the economic circumstances of the parent or other person seeking
relocation of the child.
(h) That the relocation is sought in good faith and the extent to
which the objecting parent has fulfilled his or her financial obligations to
the parent or other person seeking relocation, including child support, spousal
support, and marital property and marital debt obligations.
(i) The career and other opportunities available to the objecting
parent or other person if the relocation occurs.
(j) A history of substance abuse or domestic violence as defined in
s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a
consideration of the severity of such conduct and the failure or success of any
attempts at rehabilitation.
(k) Any other factor affecting the best interest of the child or as
set forth in s. 61.13.
Section (3) of Florida Statutes 61.13 is as follows:
For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.
Again, the court is allowed to consider "ANY OTHER FACTOR THAT IS RELEVANT!"
It is imperative to have an attorney that understands these factors and how to present evidence on each one.
Call today: 407-645-3297 or visit Aubreylaw.com for a consultation on your particular case!
