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What factors are considered in deciding if my child can move with me?

  • By: Andrew Merlo
  • Published: October 24, 2018

When a judge is making decisions for modifying a parenting agreement, Florida law says they can look at the following factors in making their determination:

  1. the nature, quality, extent of involvement, and duration of the child’s relationship with the parent proposing the relocation and the other parent not relocating
  2. the age and developmental stage of the child, their needs, and the likely impact the relocation will have on the child’s overall development
  3. the feasibility of preserving the relationship between the non-relocating parent and the child through a substitute arrangement taking into account the difficulty the distance will create
  4. If appropriate, the child’s preferences
  5. Whether the relocation will enhance the general quality of life for the parent
  6. Both parent’s reasons for relocating or opposing the relocation
  7. The current employment and economic circumstances of each parent and if the relocation will improve the circumstances
  8. The relocation is sought in good faith
  9. The available opportunities to the objecting parent if the relocation occurs
  10. If there is a history of substance abuse or domestic violence as defined in Florida Statute 741.28
  11. Any other factor affecting the best interest of the child or as set forth in Florida Child Custody Law 61.13.

As you can see there are a lot of factors that come into play. Each case is evaluated individually, so there is no chart of one size fits all time-sharing plan that will automatically be applied to your situation.

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