USA – FLORIDA Trends and Developments Contributed by: John F. Schutz, John F. Schutz PL
Judicial decision-making Courts must evaluate substantial evidence, including expert testimony, economic evidence, educational opportunities, and family relationships. Credibility determinations are crucial, given subjective factors. When granting relocation, courts craft time-sharing arrangements preserving meaningful parent-child relationships through extended periods, virtual visita - tion, and appropriate cost allocation. Key takeaways Florida Statute 61.13001 represents a comprehensive approach to child relocation that seeks to balance competing interests while maintaining focus on the child’s best interests. The statute provides a struc - tured framework for judicial decision-making while preserving the necessary flexibility to address the unique circumstances of individual cases. Successful navigation of relocation cases requires a thorough understanding both of the statutory require - ments and the developing case law interpreting those requirements. The ultimate goal of the statute is to ensure that children retain meaningful relationships with both parents whenever possible – although it rec - ognises that legitimate relocations may sometimes be necessary and appropriate. The complexity of reloca - tion law requires expertise and experience to navigate successfully, making qualified legal representation critical for all parties involved.
• whether the relocation of the child will enhance the general quality of life for both the requesting parent and the child, including (but not limited to) financial or emotional benefit or educational opportunity; • the reasons why each parent is seeking or oppos - ing the relocation; • the current employment and economic circum - stances of each parent and whether or not the relocation is necessary to improve the financial circumstances of the parent seeking relocation; • the extent to which the objecting parent has fulfilled their financial obligations, including child support, spousal support, and any other financial obligations to the parent seeking relocation and the child; • the career and other opportunities available to the objecting parent; • a history of substance abuse or domestic violence (as defined in Florida Statute 741.28) or child abuse for either parent; • the moral fitness of the parties; and • any other factor affecting the best interests of the child or as set forth in Florida Statute 61.13. The relocating parent bears the burden of proving that the relocation is in the child’s best interests. There is no presumption favouring or disfavouring relocation. This burden requires clear and convincing evidence in most circumstances – ie, evidence of a higher stand - ard than the typical preponderance of evidence stand - ard used in many family law matters.
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