Florida Divorce Law...

Florida Law - What If A Spouse Wants To Move Away?

The court has authority to decide whether the custodial parent may move the child out of state, or otherwise out of visiting range of the other parent.

The court will make this decision based on what appears best for the parent and child under all the circumstances of the case.

It is also important that the parent not be motivated by a vindictive desire to interfere with the visitation rights of the other parent.

A court in Florida will consider the following factors:

• Whether the move would be likely to improve the general quality of life for both the primary residential spouse and the children.
• Whether the motive for seeking the move is for the express purpose of defeating visitation.
• Whether the custodial parent, once out of the jurisdiction, will be likely to comply with any substitute visitation arrangements.
• Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child or children and the noncustodial parent.
• Whether the cost of transportation is financially affordable by one or both of the parents.
• For older children, the trauma of leaving friends, other family members, and the school.
• Whether the move is in the best interests of the child (which summarizes the other considerations).

Cases:

Flint v. Fortson (1999) 24 Fla. L. Weekly D2537 (In this case, the court denied a woman's permission to relocate with her two children to Atlanta to take a job there as a law firm associate.

The woman, who had primary physical custody, had just graduated University of Miami law school in the top 1% of her class (and she had been on law review). The job in Atlanta clearly was an excellent job in her area of specialization.

However, in their separation agreement, the husband was to have physical custody "between 8 and 12 days per month." The parties also agreed that the "[w]ife and children shall live no more than 70 minutes driving time by reliable surface transportation from the Husband's work place at Miami International Airport."

The couple had two girls, ages 8 and 12 at the time of this appeals court decision.

Based on the relevant statute, the appeals court said that the trial court could reasonably have concluded that relocation would so drastically curtail this father's active, ongoing participation in his daughters' lives that, in conjunction with other factors, the move was not in the best interest of the children.

The court affirmed that, in Florida, there is no longer a presumption in favor of the primary residential parent in relocation cases.)

Russenberger (1996) 669 So2d 1044 (applying criterion that, where the relocating parent is acting in good faith, permission to move will generally be granted; nonetheless denying permission in this case).

Card (1995) 659 So2d 1228 (mother had remarried; new spouse received a transfer to Colorado, to a job earning $45,000; in new location, family would live in single-family home rather than apartment; new spouse could not find a comparable job locally; father of child had visited very regularly, at least weekly, often driving from Ocala to Tampa to spend 10 minutes or more; applying the factors above, court allowed the move).

Mize (1993) 621 So2d 417 (adopting the considerations for deciding relocation cases).

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