Understanding Relocation Laws in Florida Child Custody Cases

Introduction

When a parent wants to move with their child after a divorce or custody ruling, they must comply with Florida’s parental relocation laws. Moving a significant distance can impact time-sharing arrangements, parental rights, and the child’s well-being. To prevent one parent from unilaterally relocating a child without the other parent’s consent, Florida law provides clear legal requirements that must be followed.

This guide explains Florida’s relocation laws, when court approval is required, and what parents can do if they want to challenge or request a relocation.

What Is Considered a Relocation Under Florida Law?

Under Florida Statute 61.13001, a relocation is defined as:

• Moving more than 50 miles from the current residence.
• The move lasting at least 60 consecutive days.
• The relocation affecting a child subject to a time-sharing order or custody agreement.

Temporary moves, such as vacations, educational trips, or medical treatments, are not considered relocations under the law.

How a Parent Can Legally Relocate with a Child

A parent who wants to relocate must follow one of two legal methods:

1. Agreement Between Both Parents

• If both parents agree to the relocation, they can sign a written agreement outlining the new time-sharing schedule.
• The agreement must include provisions for transportation and communication to maintain the child’s relationship with the non-relocating parent.
• Once signed, the agreement must be submitted to the court for approval.

If the court finds that the agreement serves the best interests of the child, it will approve the relocation without a hearing.

2. Filing a Petition for Relocation

If the other parent does not agree to the move, the relocating parent must file a petition for relocation with the court. The petition must include:

• The new address and intended relocation date.
• A detailed reason for the move, such as a job opportunity, family support, or educational benefits for the child.
• A proposed revised time-sharing schedule.
• Details about how transportation costs will be handled.

The non-relocating parent has 20 days to file an objection. If they fail to respond, the court may approve the relocation by default.

How the Court Decides Whether to Approve a Relocation

If the non-relocating parent objects, the court will hold a hearing to determine whether the move is in the best interests of the child. The judge will consider factors including:

1. The child’s relationship with both parents.
   • Will the move significantly impact the child’s ability to maintain a close relationship with the non-relocating parent?
2. The reason for the move.
   • Is the relocation necessary for employment, education, or better living conditions?
   • Is the move intended to alienate the child from the other parent?
3. The impact on the child’s emotional, educational, and social development.
   • Will the child have better schooling, medical care, or a stronger support system in the new location?
4. The ability to preserve the relationship with the non-relocating parent.
   • Can time-sharing adjustments, such as longer summer visits or virtual communication, maintain the bond?
5. The child’s preference, if mature enough to express an opinion.
6. Any history of domestic violence or parental misconduct.

The relocating parent must prove that the move benefits the child, not just the parent. If the court finds that relocation is not in the child’s best interests, it will deny the petition.

What Happens If a Parent Moves Without Court Approval?

If a parent relocates without following Florida’s legal process, the other parent can:

• File an emergency motion to have the child returned.
• Request a modification of custody, arguing that the relocating parent has violated the time-sharing order.
• Pursue contempt of court charges, which can result in legal penalties, including fines or even a change in primary custody.

Relocating without permission can have serious legal consequences, so parents should always follow the required court procedures.

How to Object to a Relocation Request

If a parent opposes the relocation, they must file a formal objection within 20 days of receiving the petition. The objection should include:

• Reasons why the relocation is not in the child’s best interests.
• Evidence showing that the move would disrupt the child’s stability, education, or emotional well-being.
• Proposed alternatives, such as requesting primary custody if the move is approved.

If the case goes to a hearing, the objecting parent must present evidence that maintaining the current living situation is better for the child than relocating.

What to Include in a Parenting Plan for Relocation

If relocation is approved, the court will modify the parenting plan to ensure continued involvement by both parents. Adjustments may include:

• Extended visitation for the non-relocating parent during school breaks and holidays.
• Virtual communication schedules, such as FaceTime or Zoom calls.
• Transportation arrangements, including who pays for travel costs.

A well-structured plan ensures that both parents maintain meaningful relationships with the child, even if living in different locations.

Can a Relocation Decision Be Modified Later?

Yes, either parent can request a modification if:

• Circumstances change significantly, such as job loss or a new time-sharing conflict.
• The child’s needs evolve, requiring a new custody or visitation schedule.
• The relocating parent fails to comply with the agreed parenting plan.

Courts may revisit relocation decisions if new evidence suggests that changes are necessary for the child’s well-being.

How a Family Law Attorney Can Help

A family law attorney can assist with:

• Filing relocation petitions that comply with Florida law.
• Defending against relocation objections to ensure parental rights are protected.
• Negotiating new time-sharing schedules for long-distance parenting.
• Enforcing court orders if a parent moves without permission.

At Bonderud Law, we help parents navigate relocation disputes and ensure that court decisions serve the best interests of the child. If you need assistance with a relocation case, contact us today for a free consultation.

Conclusion

Florida law requires parents to follow a strict legal process before relocating with a child, ensuring that the move serves the best interests of the child and does not unfairly impact the other parent’s rights. Whether you are requesting relocation or objecting to a move, understanding Florida’s relocation laws is crucial.

If you are involved in a child relocation dispute, working with an experienced family law attorney can help protect your rights and ensure the best possible outcome for your child.