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Applying for child custody modification due to a relocation

| Apr 12, 2021 | Child Custody |

Florida family law court will have to approve any custody modification agreement for the new agreement to become legally binding between both parents. While custody modifications can be made for a number of different reasons, we’re going to focus on the reason of relocation. At any point, after a child custody agreement is legally enacted, a parent may need to relocate for a variety of reasons.

Assessing good faith moves vs. bad faith moves

Child custody judges are all about determining what is in the best interest of the child when awarding custody. When it comes to applying for a custody modification due to a relocation request, they will take the time to assess whether the relocation is in good faith or in bad faith.

Some common reasons that a move would be a good faith include putting the child closer to their extended family members, allowing the parent to seek better job opportunities, better educational opportunities for the child and the destination would still allow for regular visitation between the parents. Some examples of bad faith moves include limiting the other parent’s access to the child, reducing child support and simply getting away from the other parent out of revenge.

Some other factors that are considered

A judge will tend to look at a lot of different factors when determining whether or not they will approve a modification to a child custody agreement. Apart from assessing the faith behind them, they will take a look at how the move will affect the child. They will assess the child’s current relationships with both parents and the significant people in that child’s life. If a child is in their teenage years, the judge is very likely to ask the child what they would like as far as the move goes.

When one parent decides that they would like to relocate, they must start by alerting the other parent to their intentions. In the best scenario possible, both parents are able to come up with a modification to the existing child custody arrangement that works for both of them and the child. In the event that an agreement is impossible, a child custody judge will take a look at the case and determine whether or not a potential modification is in the best interest of the child.

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