Relocating after a divorce or separation can be complicated when minor children are involved. A new job, remarriage, family support, educational opportunities, or financial considerations may make a move attractive or even necessary. But when a Florida parent wants to move a significant distance with a child, the decision may require the consent of the other parent or approval from the court.
Florida’s parental relocation statute, Florida Statute § 61.13001, establishes specific procedures that parents generally must follow before relocating with a child. Failure to comply can have serious consequences.
At Weiner & Weiss, LLC, we have handled many contested and uncontested parental relocation matters, including both domestic and international relocation cases. These cases are highly fact-specific and often require careful preparation involving the child’s best interests, time-sharing, schooling, transportation, finances, and the practical realities of maintaining the child’s relationship with both parents.
What Is Considered Parental Relocation in Florida?
Under Florida Statute § 61.13001, a “relocation” generally means a change in the principal residence of a parent or other person with the child that is:
- At least 50 miles from the residence used in the applicable time-sharing order or pending proceeding; and
- Intended to last for at least 60 consecutive days.
Temporary absences for purposes such as vacations, education, or health care generally do not constitute relocation under the statute.
This means that simply moving to another home does not necessarily trigger Florida’s relocation statute. The distance and duration of the proposed move are critical.
Can Parents Agree to a Relocation?
Yes.
If the parents—and anyone else legally entitled to access or time-sharing with the child—agree to the relocation, they can enter into a written relocation agreement.
The agreement should address:
- Consent to the relocation;
- A revised time-sharing or access schedule; and
- Transportation arrangements, when necessary.
If there is already a pending case or court order concerning the child’s residence or time-sharing, the parties generally must submit their agreement to the court for ratification.
Even when both parents agree, the details matter. Long-distance parenting plans should carefully address holidays, summer vacations, airline travel, transportation expenses, electronic communication, school calendars, passports, and other logistical issues.
What Happens If the Other Parent Does Not Agree?
If the parents cannot reach an agreement, the parent seeking to relocate generally must file a Petition to Relocate and obtain permission from the court.
Florida law requires the petition to contain detailed information, including the proposed location, anticipated moving date, specific reasons for the relocation, and a proposed post-relocation time-sharing and transportation arrangement. If the relocation is based upon a written employment offer, the written offer must generally be attached to the petition.
These statutory requirements are important. A relocation petition that does not comply with § 61.13001 may be legally insufficient.
How Long Does a Parent Have to Object to Relocation in Florida?
Timing is particularly important in relocation litigation.
A parent who receives a Petition to Relocate generally has 20 days after service to file and serve a written objection.
The objection must be verified and must state the specific factual reasons why the relocation should be prohibited, including information regarding the objecting parent’s involvement in the child’s life.
Failing to timely object can substantially affect the case. Florida law provides that when no timely objection is filed, the relocation is presumed to be in the child’s best interests, subject to the court’s review.
Parents served with relocation papers should therefore act quickly.
What Factors Does a Florida Court Consider in a Relocation Case?
There is no automatic presumption for or against relocation when the proposed move will materially affect the existing time-sharing relationship.
Instead, the court evaluates numerous statutory factors, including:
- The child’s relationship with each parent and other important people in the child’s life;
- The child’s age, developmental stage, and individual needs;
- The effect the relocation may have on the child’s educational, emotional, and physical development;
- Whether a meaningful relationship with the non-relocating parent can realistically be maintained;
- The logistics and expense of long-distance time-sharing;
- The child’s preference, when appropriate based on age and maturity;
- Whether the relocation would improve the quality of life of the relocating parent and the child;
- Employment and economic circumstances;
- The reasons the parent wants to relocate;
- The reasons the other parent opposes the relocation;
- Whether the relocation request is made in good faith;
- Career opportunities available to the non-relocating parent;
- Relevant histories of domestic violence or substance abuse; and
- Any other factor affecting the child’s best interests.
The court may also consider the broader best-interest factors contained in Florida Statute § 61.13.
Who Has the Burden of Proof in a Florida Relocation Case?
Initially, the parent seeking relocation has the burden of proving by a preponderance of the evidence that the proposed relocation is in the child’s best interests.
If that burden is satisfied, the burden shifts to the non-relocating parent to establish, also by a preponderance of the evidence, that the proposed relocation is not in the child’s best interests.
Successful relocation litigation therefore often requires substantially more than simply explaining why the move would benefit the parent.
The evidence should address how the move will affect the child.
What Makes a Strong Florida Relocation Case?
A parent seeking relocation should ordinarily be prepared to present a detailed and realistic plan.
Depending on the circumstances, relevant evidence may include:
- Employment opportunities and compensation;
- Housing arrangements;
- Schools and educational programs;
- Childcare arrangements;
- Extended family and support systems;
- Medical or therapeutic resources;
- Cost-of-living differences;
- The child’s extracurricular activities;
- Airline schedules and transportation costs;
- Proposed holiday and summer time-sharing;
- Electronic and telephone contact;
- The relocating parent’s willingness to encourage the child’s relationship with the other parent; and
- Evidence demonstrating how the relocation will improve the child’s overall quality of life.
Conversely, a parent opposing relocation should be prepared to demonstrate the strength of the existing parent-child relationship and the practical harm that the move could cause to that relationship.
Can a Parent Move First and Ask Permission Later?
Doing so can create significant legal problems.
When court approval or a valid agreement is required, relocating a child without complying with Florida’s statutory requirements can result in contempt proceedings, an order requiring the child’s return, modification of the parenting plan, and potentially an award of attorney’s fees and costs. The unauthorized relocation may also be considered when the court ultimately decides whether relocation should be permitted.
Parents considering a move should therefore obtain legal advice before relocating.
How Does Relocation Affect Time-Sharing?
A successful relocation almost always requires reconsideration of the existing parenting plan.
For example, frequent weekly exchanges may become impractical when parents live hundreds or thousands of miles apart. Courts may instead consider arrangements involving:
- Longer blocks of summer time-sharing;
- Extended winter and spring breaks;
- Alternating holidays;
- Long weekends;
- Virtual contact through FaceTime, Zoom, or similar technology;
- Airline travel arrangements; and
- Allocation of transportation expenses.
Florida courts are specifically authorized to structure contact and allocate transportation expenses in appropriate relocation cases.
The goal is to preserve frequent, continuing, and meaningful contact when doing so is financially feasible and consistent with the child’s best interests.
International Parental Relocation Cases
International relocation cases can present substantially more complex issues than moves within Florida or to another state.
A proposed international relocation may require consideration of:
- International airfare and travel time;
- Passport possession and renewal;
- Immigration and visa requirements;
- International school calendars;
- Language and cultural issues;
- The enforceability of Florida parenting orders abroad;
- Whether the destination country participates in applicable international child-custody treaties;
- The practical ability of the non-relocating parent to exercise time-sharing; and
- Procedures for addressing a child’s failure to return to the United States.
These cases require careful planning because a parenting arrangement that appears workable on paper may become extraordinarily difficult to enforce when the child resides in another country.
Weiner & Weiss, LLC has handled many domestic and international parental relocation cases, representing parents seeking relocation as well as parents opposing relocation. That experience is particularly important where substantial geographic distances, international borders, complex financial circumstances, or significant time-sharing disputes are involved.
Frequently Asked Questions About Parental Relocation in Florida
How far can I move with my child without permission in Florida?
Florida’s statutory definition of relocation generally applies when a parent’s principal residence with the child changes by at least 50 miles for at least 60 consecutive days, subject to the specific statutory definition and circumstances of the case.
Can my ex stop me from moving out of Florida with our child?
Potentially. If the proposed move constitutes a relocation under Florida law and there is no agreement, the court may determine whether the child can relocate after considering the statutory best-interest factors.
Can I relocate if the other parent agrees?
Generally, yes, but the agreement should comply with Florida’s relocation statute and may require court ratification when an existing case or parenting order is in place.
What happens if I do not object to a Florida relocation petition?
A written objection generally must be filed and served within 20 days after service of the petition. Failure to timely object can result in the relocation being permitted without a contested evidentiary hearing, subject to the statutory requirements and the child’s best interests.
Does the parent seeking relocation automatically win if there is a better job?
No. A better employment opportunity can be important evidence, but the ultimate issue is whether relocation is in the child’s best interests.
Does the parent staying in Florida automatically have an advantage?
No. Florida law does not create a presumption automatically favoring or opposing relocation in a contested case when the relocation materially affects time-sharing.
Speak With a Florida Parental Relocation Attorney
Parental relocation cases are among the most fact-intensive matters in Florida family law. Whether you are considering moving with your child or opposing a proposed relocation, early preparation can significantly affect your ability to present your case effectively.
At Weiner & Weiss, LLC, our attorneys have substantial experience handling Florida parental relocation matters, interstate relocation disputes, and international relocation cases.
If you are considering relocating with your child—or have been served with a Petition to Relocate—contact Weiner & Weiss, LLC to discuss your circumstances and your options under Florida law.
This article is provided for general informational purposes only and does not constitute legal advice. Every family law matter is different, and you should consult with an attorney regarding your particular circumstances.