The parent who wants to relocate with the minor child of the parties has the burden of proof if the other parent will not agree. The parent seeking to relocate must file and ask for the court’s permission to relocate. That parent must prove by a preponderance of the evidence that that relocation is in the best interest of the child. If the relocating parent can meet that burden, the burden shifts to the non-relocating parent to show that the relocation is not in the child’s best interest.
In determining whether a move is in the child’s best interest the court considers all the factors under sections 61.13001 (7) Fla. Stat.
Elizabeth "Beth" Is a cum laude graduate of the University of Miami Law School. She received her JD in 1997 following a psychology degree from USF earned Magna Cum Laude in 1994. She was named to USA Today's Best and Brightest; and was featured in a cover article in the Wall Street Journal on May 7, 1997. She was a partner at Conroy Simberg for years before going into private practice. She is currently the managing partner of Wolt & Associates, P.A. and practices in the areas of Business Law resolving disputes, creating & reviewing contracts and working in collections. She also practices Family Law including divorce, adoption and post dissolution actions. She currently lives with her husband, Salvatore Russo, in Fort Myers, Florida.
