Understanding Relocation Restrictions for Parents After a Florida Divorce

Introduction

After a divorce, one parent may wish to relocate with their child for various reasons, such as a new job, better living conditions, or family support. However, Florida law places strict restrictions on parental relocation to ensure that both parents maintain a meaningful relationship with their child. Moving more than a short distance without proper legal procedures can lead to legal consequences, including modifications to custody and time-sharing arrangements.

This guide explains Florida’s parental relocation laws, the legal process for requesting relocation, and what parents can do if they need to challenge a proposed move.

What Is Considered Relocation Under Florida Law?

Florida law defines relocation as moving more than 50 miles away from the current residence for at least 60 consecutive days. This rule applies whether the move is within Florida or out of state.

Temporary absences, such as vacations, medical treatment, or short-term work assignments, do not count as relocation under Florida law.

If a parent with primary custody wants to relocate, they must either:

• Obtain written consent from the other parent, or
• File a petition with the court requesting approval for the move.

Failing to follow this legal process can lead to legal penalties and possible changes in custody.

How to Legally Request Relocation

If the other parent does not agree to the move, the parent seeking relocation must file a Petition to Relocate with Minor Children in the Florida court that issued the original custody order.

What Must Be Included in the Petition?

• The new address, including city and state.
• The reason for the relocation (job opportunity, family support, or other valid reasons).
• A proposed time-sharing schedule that allows the non-relocating parent to maintain regular contact with the child.
• Plans for transportation arrangements to facilitate visits with the non-relocating parent.

After filing the petition, the other parent has 20 days to object. If no objection is filed, the court may approve the relocation without a hearing.

How the Court Decides 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. The judge will consider:

• The reason for the move and whether it improves the child’s quality of life.
• How the relocation will affect the child’s relationship with both parents.
• Whether alternative time-sharing arrangements can preserve the bond with the non-relocating parent.
• The child’s preference if they are old enough to express an opinion.
• The ability of both parents to maintain a positive co-parenting relationship despite the move.

The burden of proof is on the relocating parent to demonstrate that the move benefits the child. If the court finds that relocation would harm the child’s relationship with the non-relocating parent, the request may be denied.

What Happens If a Parent Relocates Without Permission?

If a parent moves without following Florida’s relocation laws, they could face serious legal consequences, including:

• Being ordered to return the child to their original location.
• Losing primary custody or time-sharing rights.
• Being held in contempt of court, which may result in fines or jail time.

The non-relocating parent can file a motion to enforce the existing time-sharing order and request sanctions against the violating parent.

How to Object to a Relocation Request

If a non-relocating parent wants to prevent the move, they must file a formal objection with the court within 20 days of receiving the petition. The objection should include:

• Reasons why the move is not in the child’s best interests.
• Evidence showing that relocation will negatively impact the parent-child relationship.
• Alternative proposals, such as requesting a modification to time-sharing arrangements.

A strong objection can prevent an unnecessary move or lead to court-ordered modifications that protect the child’s relationship with both parents.

Impact of Relocation on Time-Sharing and Visitation

If the court approves relocation, adjustments to the time-sharing arrangement may be necessary. Some possible modifications include:

• Longer visits for the non-relocating parent during summer and school breaks.
• Virtual visitation through video calls to maintain regular communication.
• Changes to transportation costs, with one or both parents sharing the responsibility for travel expenses.

Courts aim to create a time-sharing plan that minimizes the negative impact of the move on the child’s relationship with both parents.

How to Prepare for a Relocation Case

If you are considering relocating with your child, or if you need to object to a relocation request, preparing a strong case is essential. Steps to take include:

1. Gather evidence supporting your case, such as job offers, housing arrangements, and educational opportunities for the child.
2. Document the child’s current relationship with both parents to show how the move will impact them.
3. Propose a revised time-sharing plan that allows the child to maintain contact with both parents.
4. Consult with a family law attorney to ensure that all legal requirements are met.

Whether seeking or contesting relocation, presenting a well-prepared argument is critical to achieving a favorable outcome.

How a Family Law Attorney Can Help

A family law attorney can assist with:

• Filing a petition for relocation and ensuring compliance with Florida law.
• Representing clients in court to argue for or against relocation.
• Negotiating time-sharing modifications that benefit both parents and children.
• Enforcing or contesting relocation violations.

At Bonderud Law, we help parents navigate Florida’s relocation laws and protect their parental rights. If you are involved in a relocation dispute, contact us today for a free consultation.

Conclusion

Relocating with a child after a Florida divorce requires court approval unless both parents agree to the move. Courts prioritize the child’s best interests when deciding whether to allow relocation, considering factors such as family relationships, education, and stability.

If you are considering a move or need to challenge a relocation request, consulting with an experienced family law attorney can help you navigate the legal process and protect your parental rights.