Attorney at Law
If you want to move with your child after a divorce or custody case, Florida law may require either the other parent’s agreement or court approval before you relocate. Whether you’re moving across the state or leaving Florida altogether, Fla. Stat. §61.13001 sets specific rules that can affect your parental rights and your existing time-sharing arrangement.
When Does Florida’s Relocation Statute Apply?
Florida’s parental relocation statute applies when a parent wants to move with a child more than 50 miles from the child’s current primary residence for 60 consecutive days or longer.
This rule generally applies whether you’re moving to another city in Florida or another state. Temporary absences for vacations, education, or medical care typically do not qualify as relocation under the statute.
If a final judgment or parenting plan is already in place, you generally cannot relocate with your child simply because you’ve accepted a new job, remarried, or found better housing. You must first satisfy the legal requirements under Fla. Stat. §61.13001.
What Notice Is Required Before Relocating?
When both parents agree to the move, they can sign a written agreement that includes the required relocation information and submit it to the court for approval.
If the other parent does not consent, the relocating parent must file a Petition to Relocate. Florida law requires the petition to include information such as:
- The proposed new address, if known.
- The intended date of relocation.
- The reasons for the move.
- A proposed revised time-sharing schedule and transportation arrangements.
- Information supporting the request.
The other parent has an opportunity to object. If an objection is filed, the court will hold a hearing before deciding whether relocation is permitted.
What Factors Do Florida Courts Consider?
Florida courts focus on the child’s best interests when deciding relocation requests. Under Fla. Stat. §61.13001(7), judges evaluate multiple factors, including:
- The child’s relationship with each parent and other significant family members.
- The child’s age, developmental needs, and likely impact of the move.
- Whether the proposed time-sharing schedule will preserve meaningful relationships.
- The child’s preference, when appropriate.
- Whether relocation will improve the child’s quality of life or the relocating parent’s circumstances.
- Each parent’s reasons for requesting or opposing the move.
- The relocating parent’s history of encouraging the child’s relationship with the other parent.
- Any other factor affecting the child’s best interests.
No single factor automatically determines the outcome. The court evaluates the circumstances as a whole.
What Happens If a Parent Moves Without Permission?
Relocating without following Florida’s legal process can create serious problems.
Depending on the circumstances, the court may:
- Order the child returned.
- Deny the relocation request.
- Modify the parenting plan or time-sharing schedule.
- Consider the unauthorized move when making future custody decisions.
- Hold the relocating parent in contempt of court.
Taking action before relocating is generally far less costly than trying to resolve issues after a move has already occurred.
How Does the 2023 Equal Time-Sharing Presumption Affect Relocation?
In 2023, Florida adopted a rebuttable presumption that equal time-sharing is in a child’s best interests when creating or modifying parenting plans. That presumption does not automatically allow or prevent relocation.
Instead, relocation requests remain governed by Fla. Stat. §61.13001. When a proposed move would make equal time-sharing impractical, the court considers whether the relocating parent has presented enough evidence to justify modifying the existing arrangement while continuing to focus on the child’s best interests.
Every relocation case is fact-specific, and the equal time-sharing presumption is only one part of the overall analysis.
Should You Seek Agreement or Litigate the Relocation?
Whenever possible, reaching an agreement can reduce expense, stress, and uncertainty.
Parents who negotiate a relocation agreement can often develop creative solutions that address travel schedules, holiday parenting time, virtual communication, and transportation costs. Once approved by the court, the agreement becomes enforceable.
If an agreement cannot be reached, the case proceeds through the court process. Building a well-supported relocation request or presenting a thoughtful objection often requires detailed evidence addressing the statutory factors and the practical effects of the proposed move.
Planning a Move? We Can Help You Protect Your Parental Rights
Relocation cases can affect parenting time, school schedules, family relationships, and your child’s daily routine for years to come.
At Tupper Law, we help parents evaluate relocation requests, prepare petitions or objections, and advocate for solutions that serve their children’s best interests. If you’re considering moving with your child, or you’ve been notified that the other parent plans to relocate, contact us to discuss your options before important deadlines pass.