Memorandum of Law: Whether former wife should be allowed to relocate the minor child to Texas.

Posted on Fri, Aug 18, 2017

Florida statute 6.13001 governs whether a parent can relocate a child more than 50 miles from his or her principal place of residence at the time of the last order establishing or modifying time sharing. The statute provides that “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 non-relocating 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.”

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