RELOCATION OF CHILD
Separation vs. Higher Pay
By K. Dean Kantaras and Grace M. Samarkos
I n a family law case where minor
children are involved, if one of the
parties is seeking to move more than
50 miles from their principal place
of residence, they must file a petition
to relocate. Section § 61.13001, Florida
Statutes, lists the criteria that must be
included in a petition to relocate. The
petition must include certain criteria
such as a description of the location of
the intended new residence, including
the mailing address, if known, the date
of the intended relocation, and a detailed
statement of the specific reasons for the
proposed relocation. A proposal for the
revised timesharing schedule, together
with a proposal for the transportation
arrangements necessary to effectuate
that timesharing schedule, also must be
included.
Additionally, a response to the petition
objecting to the relocation must be made
in writing, and filed and served upon the
other party within 20 days after service of
the original petition to relocate. If a party
fails to timely object to the relocation, the
relocation will be allowed without further
notice and without a hearing, unless it
is not in the best interests of the child.
§ 61.13001(3)(a)(7.), Florida Statutes.
For a petition for relocation to be
granted, the parent wishing to relocate has
the burden of proving by a preponderance
of the evidence, or more likely than not,
that the relocation is in the best interest
of the child. § 61.13001(8), Florida Statutes.
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 minor
child. To meet this burden, there are
eleven factors a court must consider in a
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K. Dean Kantaras, Esq.
142 TAMPA BAY MAGAZINE | JANUARY/FEBRUARY 2020
would make it difficult for the nonrelocating
parent to spend time with the
child. In the 2011 case of Rossman v. Profera,
for example, the Fourth District Court of
Appeals of Florida upheld a trial court’s
ruling denying the ex-wife’s request, as
primary residential parent, to relocate
the minor child to Texas, where she had a
new job. Rossman v. Profera, 67 So.3d 363
(Fla. 4th DCA 2011). In Rossman, the court
found that the ex-husband was extremely
involved in the minor child’s life, and
the ex-wife’s proposal for a substitute
timesharing plan involved the minor child
flying 11 unaccompanied trips per year
between Texas and Florida, which may
be difficult for the child. Even with those
trips, the court found that this proposed
timesharing schedule drastically limited
the ex-husband’s participation in his
child’s life, and denied the relocation.
Therefore, if a parent is seeking to
relocate with their child, it is essential that
the reasons for the relocation be more than
just a new, higher-paying job opportunity.
Courts favor preserving a relationship
between a child and their parents, if the
evidence shows that is what is in the child’s
best interests. 9
EDITOR’S NOTE: K. Dean Kantaras is
the managing partner of K. Dean Kantaras,
P.A., a firm handling cases in family law and
immigration. Mr. Kantaras is board certified
in marital and family law by the Florida Bar.
He has been practicing for over 25 years
and is “AV” rated by Martindale-Hubbell.
Grace M. Samarkos is a graduate of Stetson
University College of Law. She was admitted
to the Florida Bar in 2019. Their offices are
located at 3531 Alternate 19, Palm Harbor,
34683, (727) 781-0000 and 1930 East Bay
Drive, Largo, 33771, kantaraslaw.com.
relocation case, which are also set out by
the relocation statute. See § 61.13001(7),
Florida Statutes. Some of these factors
include the extent of involvement and
duration of the child’s relationship with
each parent as well as extended family
and other significant people in the child’s
life, the impact the relocation will have
on the child’s physical, educational, and
emotional development, and the feasibility
of preserving the relationship between
the nonrelocating parent and the child.
A common reason a parent may wish to
relocate is a higher-paying job opportunity
in another location. While an improvement
in economic circumstances and a better job
opportunity is a factor considered by the
court in a relocation case, this factor can be
overshadowed by the impact a relocation
would have on the nonrelocating parent’s
relationship with the child.
Therefore, a relocation case can be a
difficult burden to prove, especially in
cases where the child is closely bonded to
both parents. In those cases, a relocation