How Florida Courts Handle Parental Relocation Without Consent

Introduction

When a parent wishes to move with their child to a new location, Florida law requires them to follow specific legal procedures. If a parent relocates without the other parent’s consent or court approval, they could face serious legal consequences, including modifications to custody and time-sharing arrangements.

This guide explains Florida’s laws on parental relocation, what happens when a parent moves without consent, and what legal options are available for both the relocating and non-relocating parent.

What Is Considered Parental Relocation in Florida?

Florida law defines relocation as a move that:

• Involves a distance of more than 50 miles from the current residence.
• Lasts for at least 60 consecutive days (temporary trips for vacation, medical treatment, or school do not count).

If a parent with shared custody or time-sharing rights wants to relocate with the child, they must either:

• Obtain written consent from the other parent.
• File a Petition to Relocate with the court and receive approval.

Moving without following these legal steps can lead to court-ordered penalties.

Consequences of Relocating Without Consent or Court Approval

If a parent relocates with a child without following Florida’s legal requirements, the other parent can take legal action to enforce the existing time-sharing order. Potential consequences for unauthorized relocation include:

• Court orders to return the child – The court may issue an order requiring the child to be brought back to the original location.
• Modification of custody or time-sharing – The relocating parent may lose primary custody or have their time-sharing rights reduced.
• Contempt of court charges – A parent who violates a court order may face legal penalties, including fines and potential jail time.
• Impact on future custody decisions – The court may view unauthorized relocation as an attempt to interfere with the child’s relationship with the other parent, which can negatively impact future legal proceedings.

Because Florida courts prioritize the child’s best interests, judges generally do not favor unilateral decisions that disrupt established parenting arrangements.

How to Legally Relocate with a Child in Florida

A parent who wishes to relocate with their child must follow a formal legal process to obtain approval.

Step 1: Notify the Other Parent

• The relocating parent should first try to reach an agreement with the other parent.
• If both parents agree to the move, they can sign a written consent agreement that includes a revised time-sharing schedule.

Step 2: File a Petition to Relocate

• If the other parent does not consent, the relocating parent must file a Petition to Relocate in the Florida family court.
• The petition must include:
  • The new address and reason for the move.
  • A proposed new time-sharing plan.
  • Details about transportation arrangements for visitation.

Step 3: The Other Parent’s Response

• The non-relocating parent has 20 days to file an objection.
• If they do not respond, the court may approve the relocation without a hearing.
• If they object, a judge will hold a hearing to determine if the move is in the child’s best interests.

Step 4: Court Decision

• The court will consider factors such as:
  • How the move will impact the child’s relationship with both parents.
  • Whether the relocation improves the child’s quality of life.
  • The ability of both parents to maintain communication and visitation.
• If the move is approved, the parenting plan will be modified to reflect the new time-sharing arrangement.

What to Do If the Other Parent Relocates Without Permission

If a parent moves a child without following Florida’s legal requirements, the non-relocating parent can take the following steps:

1. File an Emergency Motion

• The court may issue an order requiring the child to be returned if the relocation violated an existing custody agreement.

2. Request a Modification of Custody

• The court may award primary custody to the non-relocating parent if the move was deemed harmful to the child’s well-being.

3. Seek Contempt Charges

• The relocating parent may be held in contempt of court, leading to fines, sanctions, or other legal consequences.

Taking immediate legal action can help prevent prolonged disruptions to the child’s stability and parental relationships.

How Relocation Affects Time-Sharing and Visitation

If a relocation is approved, courts may modify the parenting plan to ensure the child maintains a strong relationship with both parents. Common modifications include:

• Longer visitations for the non-relocating parent during school breaks or summer vacations.
• Virtual communication options such as scheduled video calls or messaging apps.
• Shared transportation costs for travel between households.

Judges aim to create an arrangement that allows the child to benefit from the move while maintaining meaningful contact with both parents.

Defending Against a Relocation Request

A parent who opposes relocation can challenge the request by arguing:

• The move is not in the child’s best interests.
• The relocating parent is attempting to interfere with their parental rights.
• The child’s education, healthcare, or emotional well-being would suffer.
• The proposed visitation schedule would be impractical or financially burdensome.

Providing strong evidence, such as testimony from teachers, medical professionals, or child psychologists, can help support a case against relocation.

How a Family Law Attorney Can Help

A family law attorney can assist with:

• Filing a Petition to Relocate or objecting to a relocation request.
• Seeking court enforcement if a parent moves without permission.
• Negotiating time-sharing modifications that accommodate both parents.
• Representing clients in relocation hearings to protect their parental rights.

At Bonderud Law, we help parents navigate relocation disputes and ensure that court orders are followed. If you are facing a parental relocation issue, contact us today for a free consultation.

Conclusion

Relocating with a child after divorce or separation requires careful legal planning. Florida law protects the rights of both parents by requiring consent or court approval before a move. Parents who relocate without following legal procedures risk losing custody or facing court sanctions.

If you are considering relocating or need to challenge an unauthorized move, consulting with an experienced family law attorney can help protect your parental rights and ensure the best outcome for your child.