Reasons A Judge Will Deny Relocation In Florida

In Florida, relocation cases often involve difficult decisions, especially when one parent wishes to move a child far from their current location or to another state. The decision to relocate with a child is not taken lightly by the courts, and there are several reasons judges will deny relocation requests in Florida.

Relocation disputes often arise when the parent seeking to move the child fails to meet certain legal requirements, or when the judge determines that the move isn’t in the child’s best interests. In this article, we’ll break down the primary reasons a Florida judge may deny a child relocation request and offer insights on how to handle these cases.

The Florida Relocation Statute

In Florida, a relocation means a move that is 50 miles from the parent’s primary residence at the time of the issuance of the last time-sharing order or after an action for time-sharing has been filed.

The statute aims to protect both parents' rights and the child's well-being by ensuring that the decision is made thoughtfully and with consideration for the child's relationship with both parents. Judges are tasked with balancing the desire for parental relocation with the potential harm such a move could cause to the child’s relationship with the non-relocating parent.

The Best Interests of the Child

In any child relocation case, the court’s primary concern is the best interests of the child. Florida law requires judges to evaluate a wide range of factors to determine whether the proposed relocation would benefit the child’s emotional, educational, and developmental needs. These considerations include:

• The impact of the relocation on the child’s relationship with both parents.
• How the move will affect the child's schooling, friends, and overall stability.
• The child’s age, maturity, and preferences (if applicable).

If the judge believes that the relocation would significantly harm the child’s emotional, educational, or familial relationships, they may decide to deny the request.

Reasons a Judge Will Deny Relocation in Florida

Here are some of the most common reasons a judge might deny a relocation request.

The Relationship Between the Child and the Non-Relocating Parent

A judge may decline a relocation request if the move would damage the child’s established and significant relationship with the non-relocating parent.

If it seems likely that the relocation would reduce the child’s ability to maintain a meaningful relationship with the other parent, the judge may view it as detrimental to the child’s well-being.

In these cases, the court will closely assess the emotional bonds the child shares with each parent and whether the move would undermine those bonds. Courts are cautious when it comes to any decision that could result in one parent becoming less involved in the child’s life. If the parent opposing the move can present compelling reasons that demonstrate that the relocation will be detrimental to the child’s relationship with that parent, the judge may disapprove the request.  If the relocation would limit the ability of the non-relocating parent to spend meaningful time with the child, the judge is likely to rule against the move.

Lack of a Solid Relocation Plan

When requesting relocation, the parent seeking to move must present a clear, well-thought-out plan. A judge may deny the relocation if the plan lacks detail or fails to adequately address important considerations. These include housing, schooling, and the logistics of maintaining the child’s relationship with the non-relocating parent.

Failure to Demonstrate a Benefit from the Relocation

The relocation plan must show that the child’s emotional, educational, and social needs will be met in the new location. It should also show that the relocation will improve the requesting parent’s quality of life.  Without a viable and reasonable plan in place, the judge may see the move as disruptive or potentially harmful to the child.

The Relocating Parent’s Motives

Other factors that can influence a judge’s decision are the relocating parent’s motivation for the move and the nonrelocating parent’s motivation for objecting to the move.  A judge may deny the relocation if they believe that the move is driven by the relocating parent’s personal interests. For example, if a parent’s primary motivation is to punish the other parent without clear benefits for the child, the judge may rule against it.

Failure to Comply with Previous Court Orders

In evaluating relocation requests, courts will look at the failure of the objecting parent to comply with the parent’s financial obligations to the child. Courts will also attempt to ascertain whether the requesting party is likely to comply with the revised court ordered time-sharing schedule.

How to Get a Fair Decision in Child Relocation Cases

Relocation cases can be emotionally charged and legally complex, but they are ultimately determined by what is in the best interests of the child. If you are considering relocation with your child or are facing a relocation dispute, it’s essential to understand the reasons a judge may approve or deny the request.

We have extensive experience handling child relocation cases and are willing to protect your rights and obtain a fair and just resolution. If you're facing a relocation dispute or seeking to move with your child, contact us today.

Call (561) 363-3400 to speak with a West Palm Beach, Wellington & Palm Beach Gardens relocation attorney who will guide you through the process and help secure the best outcome for your family.