How Relocation Affects Child Custody in Florida

Introduction

When a parent with shared custody or time-sharing rights wishes to move a significant distance away, it can impact the child’s relationship with the other parent and disrupt existing custody arrangements. Florida law has strict rules governing parental relocation to ensure that any move is in the best interests of the child.

This guide explains Florida’s child relocation laws, the process for obtaining court approval, and what parents need to consider when seeking or contesting a relocation request.

What Is Considered a Relocation Under Florida Law?

Under Florida law, a relocation occurs when a parent moves more than 50 miles away from their current residence for at least 60 consecutive days. This applies to moves within Florida as well as out of state.

Temporary absences for vacations, education, or medical treatment do not count as relocations under the law.

Does a Parent Need Court Approval to Relocate?

If the relocating parent has shared custody or time-sharing rights, they must either:

1. Obtain written consent from the other parent.
2. File a petition for relocation with the court and receive approval.

A parent who relocates without following these legal steps may face legal consequences, including being ordered to return the child or losing time-sharing rights.

How to File a Petition for Relocation in Florida

If the non-relocating parent does not agree to the move, the parent seeking relocation must file a petition with the court that includes:

• The proposed new address and contact information.
• The reasons for the move, such as a job opportunity or family support.
• A proposed time-sharing schedule that allows the other parent to maintain contact with the child.
• Details about how transportation for visits will be handled.

The petition must be served to the other parent, who then has 20 days to file an objection. If the other parent does not respond, the court may grant the relocation request by default.

How Courts Decide Relocation Requests

If the non-relocating parent objects, the court will hold a hearing to determine whether the move is in the child’s best interests. Factors considered include:

• The reason for the move and whether it will improve the child’s quality of life.
• The impact on the child’s relationship with the non-relocating parent.
• Whether the move will provide better educational, economic, or social opportunities.
• The ability of both parents to maintain meaningful contact with the child.
• The child’s preference if they are mature enough to express a reasonable opinion.

The parent seeking relocation must prove that the move will benefit the child, not just the parent.

What Happens If a Parent Relocates Without Court Approval?

If a parent moves without obtaining consent or court approval, the other parent can file a motion to:

• Have the child returned to their original location.
• Modify the existing custody arrangement.
• Hold the relocating parent in contempt of court.

Courts take unauthorized relocations seriously, and a parent who moves without permission may lose time-sharing rights or face legal penalties.

How to Object to a Relocation Request

If a non-relocating parent believes that the move is not in the child’s best interests, they must file a formal objection within 20 days of being served with the petition. The objection should include:

• Reasons why the move would negatively impact the child.
• Evidence showing that the relocation would harm the parent-child relationship.
• Proposals for alternative arrangements that would allow the child to remain close.

An attorney can help gather evidence, present arguments in court, and negotiate a time-sharing plan that works for both parents.

How Relocation Affects Time-Sharing and Visitation

If relocation is approved, time-sharing arrangements may need to be modified. Courts may order:

• Extended visitation periods for the non-relocating parent, such as longer summer or holiday visits.
• Virtual visitation through video calls to maintain regular contact.
• A new transportation plan for visits, with costs potentially shared between parents.

Both parents should work together to create a plan that minimizes disruption to the child’s life while maintaining strong parental relationships.

How a Family Law Attorney Can Help

An experienced family law attorney can assist with:

• Filing a petition for relocation or responding to a relocation request.
• Gathering evidence to demonstrate how the move benefits or harms the child.
• Negotiating a modified time-sharing arrangement.
• Representing parents in court to argue for or against relocation.

At Bonderud Law, we help parents navigate Florida’s relocation laws and protect their rights. If you need assistance with a relocation case, contact us today for a free consultation.

Conclusion

Relocating with a child after a divorce or custody arrangement can be challenging, especially when one parent objects. Florida law requires parents to obtain consent or court approval before moving more than 50 miles away. Courts prioritize the child’s best interests and will only approve relocation if it does not harm the child’s relationship with both parents.

If you are considering relocation or need to contest a relocation request, consulting with an experienced attorney can help you understand your legal options and protect your parental rights.