Can I Relocate with My Child After Divorce in Florida?
A Florida family law attorney can be an important ally if you are planning to move more than 50 miles away with your child after divorce. Florida’s relocation statute applies even when a parent has majority time-sharing, and many parents are surprised to learn that custody alone does not authorize relocation. Courts review these requests carefully and often deny them when the proper legal steps are not taken.
Relocation cases are treated differently from other custody issues because they directly affect a child’s relationship with both parents. Judges look at how a move may change schooling, access to extended family, and the child’s overall stability. Relocation disputes are among the most challenging issues parents face after divorce.
Working with a Florida family law attorney helps you understand whether court approval is required, how to prepare a relocation petition, and what factors the court will weigh in making its decision. Without proper preparation, even a well-intended move can result in disputes, custody modifications, or limits on your parental rights.
If you are considering relocation, it is best to speak with an attorney before taking any steps. Call Lopez Law Group at (727) 933-0015 to discuss your plans and protect your parenting rights.
Key Takeaways About Relocating with Your Child After Divorce in Florida
- Florida law requires written agreement or court permission to relocate more than 50 miles from your current residence for more than 60 consecutive days.
- Parents must file relocation petitions with specific information about the new location, reasons for moving, and proposed time-sharing modifications.
- The other parent has 20 days to object after receiving notice, triggering a hearing where judges evaluate 11 statutory factors.
- Temporary moves for vacation, education, or emergency care are not considered relocation.
- Violating relocation requirements may result in contempt charges, custody modifications, and orders to return the child immediately.
Understanding Florida’s Child Relocation Statute and Legal Requirements
Florida Statute 61.13001 controls parental relocation with children after the divorce process, establishing strict procedures and standards. The law defines relocation as moving more than 50 miles from your residence at the time of the last custody order. This distance calculation uses straight-line measurement, not driving miles, catching parents off guard when seemingly shorter moves cross the threshold.
The Florida Supreme Court has consistently upheld these requirements, emphasizing that relocation affects fundamental parental rights which courts review very carefully. Recent appellate decisions from the Second District Court of Appeal serving the Tampa Bay area reinforce strict compliance with notice provisions.
The 50-Mile Rule and Geographic Distance Calculations in Florida
Florida measures relocation distance as the crow flies between your current residence and proposed new home, regardless of actual travel routes. A move from St. Petersburg to Orlando covers about 90 straight-line miles despite being a two-hour drive. Even relocating within the same metropolitan area might trigger the statute if crossing county lines pushes you over 50 miles.
The 60-consecutive-day requirement means extended stays with family or temporary work assignments may qualify as relocation. Summer vacations typically fall under exceptions, but enrolled school years in distant locations require compliance. Parents who mistakenly believe short distances or temporary moves avoid the statute face serious legal consequences.
Written Consent Agreements vs. Court-Ordered Relocation Petitions
If all parties with time-sharing rights agree to relocation, they must sign a written agreement signed before two witnesses and a notary. The agreement must include any revised time-sharing schedule, transportation arrangements, and communication methods. Once filed with the court, the judge may approve it unless it appears coerced or contrary to the child’s best interests.
Without agreement, the relocating parent must file a detailed petition including the new address, reasons for moving, and proposed revised parenting plan. The petition requires specific information about the child’s school, activities, and healthcare providers in the new location. Missing required elements can delay proceedings and weaken your case.
What Factors Do Florida Courts Consider in Child Relocation Cases?
In cases involving moves across state lines, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides an additional framework. Understanding how courts weigh these statutory factors, along with the UCCJEA in interstate cases, is important for building a strong argument.
Best Interests of the Child Standard in Relocation Decisions
The overarching consideration remains whether relocation serves the child’s best interests, not parental preferences. Courts examine the child’s relationship with both parents, siblings, and extended family affected by the move. Judges consider how relocation impacts educational opportunities, extracurricular activities, and established friendships.
Economic improvements for the relocating parent only matter if they result in real benefits. Better schools, safer neighborhoods, and enhanced opportunities in the new location strengthen relocation arguments. However, courts balance these potential improvements against disrupting existing stability and the non-relocating parent’s involvement.
How Relocation Impacts the Non-Relocating Parent’s Rights
Judges carefully evaluate how relocation affects the relationship between the child and the parent staying behind. The following factors influence this analysis:
- Current level of involvement and time-sharing exercised by each parent
- Ability to maintain meaningful contact through technology and revised visitation
- Financial capacity to afford long-distance travel for regular parenting time
- Historical compliance with parenting plans and support obligations
- Willingness to facilitate the other parent’s continuing relationship
Courts reject relocations that effectively eliminate one parent from the child’s life unless extraordinary circumstances justify such drastic changes.
Good Faith Reasons and Economic Factors in Florida Relocation
Relocating parents must demonstrate good faith reasons beyond simply wanting distance from their ex-spouse. Valid motivations include job opportunities unavailable locally, family support systems, or educational advancement. Courts scrutinize timing, especially moves proposed shortly after unfavorable custody rulings.
Economic necessity carries weight when current locations offer limited employment or the relocating parent faces financial hardship. However, voluntary job changes or speculative opportunities receive less favorable consideration. The non-relocating parent’s ability to relocate also factors into decisions, though courts cannot force parents to move.
Filing a Florida Relocation Petition and Response Timeline
Florida’s relocation statute imposes strict timing requirements and procedural rules that often trip up unprepared parents. Missing deadlines or filing incomplete documents can jeopardize your case, no matter how strong it is. The Florida Rules of Family Procedure provide detailed filing requirements beyond the statutory minimums.
Petition Filing Requirements and Proper Service Methods
Relocation petitions must be filed with the court that issued your current parenting plan and served on the other parent through formal methods. Personal service or certified mail provides proof of delivery starting the response clock. The petition must include a proposed revised parenting plan addressing all aspects of future time-sharing.
Notice must occur at least 60 days before intended relocation unless emergency circumstances justify shorter timeframes. Job offers with quick start dates or military transfers might qualify for expedited proceedings, but parents must still obtain a temporary relocation order from the court before moving. Relocating first and seeking approval afterward nearly always leads to contempt findings.
The 20-Day Objection Deadline and Evidentiary Hearing Process
Non-relocating parents have only 20 days after service to file written objections specifying their opposition grounds. Missing this deadline may result in automatic relocation approval without hearings. Objections must address statutory factors and propose alternative arrangements preserving relationships.
Once objections are filed, courts schedule evidentiary hearings where both parents present witnesses and documents. Preparation includes gathering school records, employment verification, housing information, and expert testimony about the child’s needs. Temporary orders may prevent relocation pending final hearings, maintaining status quo during litigation.
Legal Consequences of Relocating Without Court Permission in Florida
Parents who relocate without complying with Florida Statute § 61.13001 face serious legal consequences impacting their parenting rights and potential criminal liability. Florida courts treat unauthorized relocations as intentional violations of court orders, often resulting in contempt findings, time-sharing modifications, and in interstate cases, possible charges under federal and state parental kidnapping laws.
Contempt of Court Charges and Custody Modification Risks
Moving without permission constitutes contempt of court, punishable by jail time, fines, and attorney fee awards. Judges order immediate return of children, sometimes dispatching law enforcement to retrieve them. Contempt findings create permanent records affecting future custody proceedings.
Unauthorized relocation provides grounds for modifying custody arrangements, potentially transferring primary residence to the non-relocating parent. Courts view such moves as demonstrating poor judgment and unwillingness to follow legal requirements. Recovery from these violations requires extensive rehabilitation efforts and rarely results in later relocation approval.
Interstate Custody Jurisdiction Issues
Relocating to another state without permission triggers complex jurisdictional battles under the Uniform Child Custody Jurisdiction and Enforcement Act. Florida retains exclusive jurisdiction for six months after children leave, preventing new states from making custody decisions.
Parents who move to another state without permission risk extradition. Interstate custody disputes require litigation in multiple states, dramatically increasing costs and complexity.
New states typically defer to Florida courts, ordering children’s return pending proper proceedings. These jurisdictional conflicts harm children caught between competing court systems and angry parents.
How Our Florida Family Law Attorneys Navigate Relocation Cases
Our Florida family law attorneys understand how judges in different jurisdictions weigh relocation factors and which arguments carry the most weight in specific courtrooms. For example, a job-related move may be viewed one way in Hillsborough County and another way in St. Petersburg.
We prepare detailed relocation petitions that address every statutory factor before challenges arise. Our team gathers evidence showing how a move can support your child’s education, healthcare, and overall well-being while preserving the other parent’s role in their life.
Our Florida family law attorneys also defend parents against relocation efforts that could damage the parent-child bond or undermine stability.
FAQs for Florida Family Law Attorneys
What if my job requires immediate relocation before court approval?
Emergency circumstances may justify an expedited hearing, but you must still secure a temporary relocation order from the court before moving. In limited situations, such as military transfers or the risk of imminent job loss, courts may grant provisional relocation orders with conditions that protect the child’s best interests. Judges sometimes grant provisional approval with conditions such as frequent return visits while the case is pending.
Can my teenager decide whether to relocate with me?
Florida law does not give children a set age to choose where they live, but judges do give more weight to older children’s preferences. Judges may interview teenagers privately about their wishes and reasons. However, courts make final decisions based on best interests, not solely on child preferences.
Does the 50-mile rule apply to moves within the same county?
Yes, the statute applies regardless of county boundaries if the distance exceeds 50 straight-line miles. Large counties like Miami-Dade or Duval contain distances exceeding this threshold. Measure carefully before assuming local moves avoid relocation requirements.
How do military transfers affect relocation procedures?
Military orders provide strong relocation justification, but servicemembers must still follow statutory procedures. Courts generally approve military-required moves while fashioning creative time-sharing arrangements. The Servicemembers Civil Relief Act may provide additional procedural protections during deployment or training.
Can relocation agreements be modified later?
Substantial changes in circumstances justify modifying relocation arrangements like any parenting plan element. Job losses, remarriage, or children’s evolving needs might warrant renewed evaluation. However, courts resist repeated relocation requests without compelling new evidence.
Protect Your Parental Rights During Relocation Proceedings
SeanCarlo Lopez, Florida Family Law Attorney
Relocation decisions can shape your child’s future, influencing their education, relationships, and long-term opportunities. A single misstep in this process can turn a planned fresh start into a difficult custody dispute. Florida’s relocation statute is complex, and parents who assume good intentions are enough often find themselves at risk of losing valuable parenting time.
At Lopez Law Group, our family law team helps parents navigate every stage of the relocation process, from filing the initial petition through appeals when necessary. We build strong cases that demonstrate how a move serves a child’s best interests while also protecting both parents’ roles in their lives. We also defend parents against unauthorized relocations that violate court orders.
Call Lopez Law Group at (727) 933-0015 to discuss your relocation plans and safeguard your parental rights before making decisions that could have lasting consequences.