Modification of Child Custody and Visitation – Relocation in Florida

Modification of Child Custody and Visitation – Relocation in Florida

Parent seeking relocation in Florida has burden of demonstrating that relocation is in child’s best interests, and if that burden is met, the burden shifts to the nonrelocating parent to demonstrate that the relocation is not in the child’s best interests. “As the parent seeking relocation, Orta carried the burden of demonstrating that the relocation was in the child’s best interest, and the court’s findings of fact demonstrate that Orta more than satisfied that burden. Suarez on the other hand never demonstrated why the proposed relocation was not in the child’s best interest:’Burden of proof -The parent or other person wishing to relocate has the burden of proving by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the nonrelocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child. § 61.1300 I (8), Fla. Stat. (2010).'” Orta v. Suarez 

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