Family Law · Parental Relocation
What You Need to Know About Child Custody and Relocating
Moving with a child after a divorce isn't simple. Florida law requires the other parent's written agreement or a court order, and a contested move is approved only when it serves the child's best interests.
A parent may need to relocate to another part of the state or out of state for many reasons: a new job, family, remarriage, or financial necessity. If you want to take your child with you, you need either the other parent's written agreement or a court order allowing the move, and the time-sharing schedule usually has to change to fit the new distance. We help individuals through parental relocation, child custody, and related matters.
What Counts as Relocation in Florida
Under Florida Statute 61.13001, relocation means changing your principal residence to a place at least 50 miles from where you lived at the time of the last order establishing or modifying time-sharing, for at least 60 consecutive days. Temporary absences for vacation, education, or health care for the child do not count. The move requires the other parent's written agreement, approved by the court, or a court order. We explain the relocation process, what types of relocations are most likely to be approved, and what factors the courts will consider.
Our attorneys are proactive in finding solutions for our clients. We promote open communication and encourage questions throughout the legal process. Over the years, we have maintained a proven track record in divorce and family law.
Moving Children: Approval and Strategy
Parental relocation is a significant change. Unless the other parent agrees in writing, it requires court approval. Ordinary custody modifications are typically approved only when there has been a substantial and material change in circumstances, and relocation has its own statute, with its own notice rules and factors. Parents cannot move with a child simply because they want to. If the other parent objects, the move will be approved only if the court finds that it serves the child's best interests.
We work with parents on parenting plan modifications, changes to time-sharing schedules, and move-away cases. If you are considering a move and want to take your child with you, you need to talk with an attorney first. We'll explain the law and advise you on the strategy most likely to work for your family-law matter.
How the Relocation Process Works
There are two ways to relocate lawfully with a child in Florida, and strict deadlines apply once a petition is served:
- By written agreement. If the other parent consents, you both sign a written agreement that reflects the consent, sets a new time-sharing schedule for the parent who is staying, and describes any transportation arrangements. The agreement is then filed with the court for approval.
- By petition to relocate. If there is no agreement, the parent who wants to move files a sworn petition with the court and serves it on the other parent. The petition must include details such as the new address if known, the date of the intended move, the specific reasons for it (with a copy of any written job offer), and a proposed time-sharing schedule and transportation plan.
- The 20-day deadline to object. The other parent has 20 days after being served to file a written, sworn objection explaining why he or she opposes the move. If no timely objection is filed, the court can presume the move is in the child's best interests and allow it without an evidentiary hearing.
- Hearing on a contested move. If the other parent objects, the court holds a hearing. The parent who wants to move must first prove that the relocation is in the child's best interests; if that is shown, the burden shifts to the other parent to show that it is not.
- Do not move first. Relocating without an agreement or a court order can be held against you, both in the relocation case and in later time-sharing decisions, and the court can order the child returned.
Factors the Court Weighs When a Parent Objects
When the other parent objects, Florida law creates no presumption for or against relocation. The judge weighs the factors listed in the statute, including:
- The nature and quality of the child's relationship with each parent, siblings, and other important people in the child's life
- The child's age, developmental stage, and needs, and the likely impact of the move on the child's physical, educational, and emotional development
- Whether the child's relationship with the parent who stays can realistically be preserved through a substitute time-sharing schedule, considering travel logistics and costs
- The child's preference, taking into account the child's age and maturity
- Whether the move will improve the general quality of life for the relocating parent and the child, including financial, emotional, or educational benefits
- Each parent's reasons for seeking or opposing the move, and whether the request is made in good faith
- Each parent's employment and economic circumstances, and whether the move is necessary to improve them
- Whether the objecting parent has kept up with child support and other financial obligations to the relocating parent
- Any history of substance abuse or domestic violence by either parent
Common Questions
Florida Parental Relocation Questions, Answered
How far can I move with my child in Florida without permission?
Florida's relocation law applies when a parent changes his or her principal residence to a place at least 50 miles from the residence at the time of the last time-sharing order, for at least 60 consecutive days. A shorter move is not a relocation under the statute, although it may still affect your parenting plan. A move of at least 50 miles needs the other parent's written agreement or a court order.
What if the other parent agrees to the move?
Put the agreement in writing. Under Florida law, it must be signed by both parents, reflect consent to the relocation, and set out a new time-sharing schedule and any transportation arrangements. The agreement should then be filed with the court for approval, so the new schedule becomes an enforceable court order.
How long does the other parent have to object to a relocation petition?
The other parent has 20 days after being served with the petition to file a written objection. The objection must be sworn and explain the specific factual basis for opposing the move. If no timely objection is filed, the court can presume the relocation is in the child's best interests and allow it without an evidentiary hearing.
What happens if I move with my child without permission?
Relocating without the other parent's written agreement or a court order can be held against you. The court can consider it when deciding the relocation request and later time-sharing issues, and it can lead to contempt proceedings and an order to return the child. Talk to an attorney before you move, not after.
Does Florida favor the parent who wants to move or the parent who wants to stay?
Neither. When the other parent objects, Florida law has no presumption for or against relocation. The parent seeking to move must first prove that the relocation is in the child's best interests, and if that burden is met, the other parent must show that it is not. The judge decides by weighing the statutory factors.
Does the relocation law apply to moves within Florida?
Yes. The rule is based on distance, not state lines. A move from Miami to Orlando or Tampa is a relocation just like a move to another state, as long as it is at least 50 miles and lasts at least 60 consecutive days.
Do vacations or summer trips count as relocation?
No. Temporary absences from the principal residence for vacation, education, or health care for the child are not relocations under the statute. Those trips are governed by the terms of your parenting plan, so check it for any notice or travel requirements.
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