Child Relocation

Relocating with a child in Florida is a decision that carries both legal and emotional weight. Whether you are a parent seeking to move with your child or a non-relocating parent concerned about the impact of such a move, understanding Florida's child relocation laws is essential. These laws exist to protect the child's best interests while also balancing the rights of both parents. Making a move without following the proper legal procedures can result in significant consequences, including modifications to existing parenting plans and potential enforcement actions.

Florida law defines a relocation as a change in the child's principal residence that moves them at least 50 miles from their current home for a period of 60 consecutive days or more. This standard applies to any parent or other person who has legal access to or time-sharing with the child. It is important to note that short-term moves, such as vacations or temporary stays for school or medical care, are not considered relocations. The legal threshold ensures that only moves that materially impact the child's routine and relationships require court approval.

The law emphasizes that the child's stability and well-being are paramount. Any move that significantly alters a child's environment, schooling, or relationships with a parent is subject to scrutiny by the court. Both relocating and non-relocating parents must understand their obligations and responsibilities under Florida Statute 61.13001 to ensure compliance and avoid disputes that could harm the child.

When a parent wishes to relocate with a child, the first step is to file a Petition to Relocate with the court. The petition must clearly describe the intended new residence, including the city, state, and physical address if known. It should also include a mailing address if it differs from the physical location and provide a telephone number for the new residence. The petition must specify the proposed date of relocation and include a revised schedule for time-sharing with the child after the move. Transportation arrangements for visitation or other contact between the child and the non-relocating parent should also be outlined. The petition must be sworn to under oath and served to the other parent, as well as any other individuals entitled to time-sharing or access.

Once the petition is filed, the other parent has a limited time frame to respond, typically within 20 days. If the non-relocating parent consents to the move, the parties can submit a written agreement to the court for approval. In cases where the other parent does not respond, the court may grant the relocation request unless it finds the move would not serve the child's best interests.

If the non-relocating parent objects to the proposed relocation, the court will schedule a hearing to determine whether the move is appropriate. Both parents are given an opportunity to present evidence and testimony supporting their positions. The court evaluates the child's relationships with both parents, the child's age and developmental needs, and the reasons behind the relocation. It also considers the potential impact on the child's quality of life, including schooling, social connections, and access to extracurricular activities. Another crucial factor is the feasibility of maintaining the child's relationship with the non-relocating parent through visitation, travel arrangements, and other forms of communication.

In many cases, parents who approach relocation with a cooperative mindset and present detailed plans for preserving the child's relationships have a greater chance of securing court approval. Courts generally favor solutions that allow both parents to remain meaningfully involved in the child's life, even if one parent moves to a different city or state.

When relocation is approved, it often necessitates modifications to the existing parenting plan. These modifications address changes in time-sharing schedules, visitation arrangements, and other logistical considerations to reflect the child's new living situation. Courts encourage parents to develop revised plans collaboratively whenever possible, as cooperative agreements tend to be more practical and less contentious. If the parents cannot reach an agreement, the court will intervene to ensure the plan serves the child's best interests.

Modifying a parenting plan after relocation requires careful attention to detail. For example, a parent moving several hours away may need to adjust weekend visits to longer stretches of time during holidays or school breaks, while maintaining regular virtual communication during the school year. Detailed arrangements provide clarity for both parents and stability for the child.

Once a court approves a relocation and the parenting plan is modified, both parents are legally bound to comply with the order. Noncompliance can lead to serious legal consequences. If a parent fails to adhere to the terms of a court-approved relocation, the other parent can seek enforcement through the court. This may include filing a motion for contempt, which can result in fines, modifications to time-sharing arrangements, or other penalties designed to enforce compliance. Courts treat violations seriously because disrupting the child's established routines or relationships can have significant consequences on their emotional well-being.

Relocation cases can be complex and emotionally charged. Parents must navigate not only the legal requirements but also the practical and emotional implications of moving a child away from one parent. Having experienced legal counsel is essential for understanding rights, preparing a thorough petition or response, and advocating effectively in court. A skilled family law attorney can assist with presenting a compelling case, negotiating agreements, and ensuring that all court orders are structured to protect the child's best interests.

At Adams, Luka & Benton, our attorneys have extensive experience handling child relocation matters. We work closely with parents to assess the potential impact of a move, explore all legal options, and develop strategies that protect parental rights while ensuring the child's welfare is prioritized. Whether you are seeking to relocate with your child or contest a relocation, we provide guidance and representation throughout the entire process.

Relocation is rarely a simple decision. Parents must weigh career opportunities, family support, educational considerations, and the impact on the child's social and emotional life. Courts in Florida focus on these factors to determine what arrangement best serves the child. Proper planning, clear communication between parents, and thorough legal preparation are crucial to achieving an outcome that preserves stability and promotes the child's well-being.

By anticipating challenges, addressing potential objections, and presenting a well-considered plan for the child's continued relationships with both parents, families can navigate relocation with fewer disruptions and reduced conflict.

If you are considering relocating with your child or need assistance addressing a proposed relocation, the attorneys at Adams, Luka & Benton are here to help. We provide expert guidance on all aspects of child relocation cases, from filing petitions and responding to objections to modifying parenting plans and enforcing court orders.

Contact our office today to schedule a consultation. Our team will review your unique situation, explain your rights and responsibilities, and develop a strategy designed to protect both your parental rights and the best interests of your child. With experienced legal representation, you can approach relocation matters with confidence and ensure stability for your family.