Moving is usually a personal decision. You find a new place, pack your things, load up the car, and go. When you share a child with someone else, moving may no longer be that easy.
A new job, family support, a relationship, or simply a fresh start may give you plenty of reasons to want to live somewhere else, but if your child will be moving with you, Florida law may have something to say about it.
So, What Counts as “Relocation” in Florida?
Not every move is considered a relocation under Florida law.
Generally, Florida defines relocation as a change in the location of a parent’s principal residence that is at least 50 miles away from the residence used when the last timesharing order was entered or modified, or when the pending action to establish or modify time-sharing was filed.
The move must also be for at least 60 consecutive days. Temporary absences for things like vacation, education, or providing health care for the child do not count toward those 60 days.
So, moving across town probably will not trigger Florida’s relocation law. Moving several hours away might.
What If the Other Parent Agrees?
Relocation does not necessarily have to turn into a court battle. If the parents and anyone else legally entitled to access or time-sharing with the child agree to the relocation, Florida law allows them to enter into a written agreement.
That agreement must show consent to the relocation, establish a time-sharing or access schedule for the nonrelocating parent and others entitled to time-sharing, and address transportation arrangements when necessary.
If there is already a court case, judgment, or decree involving the child’s residence or timesharing schedule, the parties must seek court ratification of the agreement.
In other words, even when everyone is on the same page, a quick “sure, that’s fine” over the phone is not enough to satisfy Florida’s relocation statute.
What If the Other Parent Does Not Agree?
If there is no qualifying written agreement, the parent seeking to relocate generally must file a petition to relocate and serve it on the other parent and anyone else entitled to access or time-sharing.
The petition has to include specific information, including the proposed new residence, the intended moving date, the reasons for the move, and a proposed new time-sharing schedule and transportation arrangement.
The other parent then has an opportunity to object. Under Florida law, an objection generally must be filed and served within 20 days after service of the petition. If a timely objection is filed, the parent seeking to relocate cannot simply move the child and sort things out afterward. They must obtain court permission to relocate.
At that point, the question is no longer just whether you think the move makes sense. The court has to decide whether it makes sense for your child.
What Does the Court Consider?
A judge is not simply deciding whether the parent has a “good enough” reason to move.
The central question is whether the proposed relocation is in the best interest of the child.
Florida law gives courts several factors to consider, including the child’s relationship with each parent, how the move may affect the child physically, emotionally, and educationally, and whether a meaningful relationship with the nonrelocating parent can realistically be maintained, among many others.
There is no automatic presumption for or against relocation in a contested case when the move will materially affect the existing schedule. The person requesting relocation has the initial burden of proving that the move is in the child’s best interest. If they do, the burden then shifts to the person opposing the move to show that it is not.
What Happens to the Parenting Plan?
A move does not make the other parent’s time-sharing disappear.
If relocation is approved, the existing schedule may need to change because the distance makes the old arrangement impractical.
Instead of frequent shorter visits, for example, a long-distance parenting plan might involve longer periods of time during school breaks, holidays, or summer vacation. The court can also provide for phone calls, video calls, and other forms of communication to help preserve the relationship between the child and the nonrelocating parent.
Transportation matters too. Florida law allows the court to determine how transportation costs associated with time-sharing will be divided and, when appropriate, adjust child support after considering those costs and the parents’ respective net incomes.
A parenting plan that worked when you lived 15 minutes apart may simply not work when you live three hours apart.
Can You Move First and Ask Permission Later?
This is one situation where it is especially important to understand the rules before you pack the moving boxes.
Relocating a child without following Florida’s statutory requirements can have serious consequences. The violation can subject the relocating party to contempt and proceedings to compel the child’s return. A court may also consider the unauthorized relocation when deciding whether to approve the move or modify the parenting plan and may order payment of certain expenses, attorney’s fees, and costs.
In other words, “we’ll figure it out later” is not a great relocation plan.
If you are unsure whether your proposed move qualifies as a relocation or what you need to do before moving, getting legal advice early can prevent a much bigger problem later.
Planning a Move? Start Early
Relocation affects more than an address.
If you are thinking about divorce in Florida, we can help you find out whether we are the right fit. Call us at 850-362-7228, or complete the form on our website and we will call you.
Written by Sophia Thephasdin. Reviewed for legal accuracy by Matthew Ausley, Attorney.