Relocating for a new job, marriage, or family support can be challenging when children are involved. In Florida, moving with a child may require a legally sufficient agreement or court approval, depending on the distance and existing parenting arrangements. If the other parent objects, you may face a complex legal dispute. Relocation petitions must meet strict requirements and demonstrate how the move benefits the child. Segarra & Associates helps parents prepare evidence-based relocation petitions and realistic time-sharing plans that address their child's needs.
To schedule a confidential consultation regarding your relocation matter,
Call Segarra & Associates, P.A. at (305) 742-5042!
Moving with Your Child Isn't as Easy as You Think
A better job. A new marriage. An opportunity to live closer to family. A fresh start. There are plenty of legitimate reasons why a parent might want to move. And sometimes, those reasons make perfect sense. But when you share a child with someone else, moving isn't always as simple as packing a few boxes, hiring a moving company, and changing your address.
In Florida, relocating with a child can become one of the most complicated and emotionally charged disputes in family court.
Why? Because what may represent a wonderful opportunity for one parent can fundamentally change the other parent's relationship with the child.
Think about it. A father who currently sees his daughter every Wednesday and alternating weekends may suddenly find himself living hundreds of miles away. School pickups, soccer games, birthday parties, and ordinary weekday dinners could be replaced by summer visits, holiday schedules, and FaceTime calls.
That doesn't necessarily mean the relocation should be denied. But it certainly means there is a lot more to consider than whether the relocating parent received a better job offer.
Florida Statute §61.13001 establishes specific requirements for relocating with a child. It governs when an agreement is sufficient, when court approval is necessary, and what evidence a judge must consider when the proposed move is contested.
And believe me, these are not cases you want to prepare at the last minute.
Understanding Florida's Child Relocation Law
What Qualifies as Relocation Under Florida Statute §61.13001?
Not every move constitutes a legal relocation. Under Florida law, relocation generally involves a change in the child's principal residence of at least 50 miles, measured from the residence identified by the statute, for at least 60 consecutive days.
The statute excludes temporary absences for vacation, education, or the child's healthcare.
An important distinction: the 50-mile measurement is not necessarily calculated from wherever you happen to live today. Depending on the circumstances, the relevant starting point is the principal residence at the time of the last order establishing or modifying time-sharing or at the time the pending action was filed.
That distinction can become important when a parent has moved more than once.
And here's something that surprises people: you don't have to leave Florida for the relocation statute to apply. Moving from Miami to Orlando, for example, may trigger the statute just as surely as moving from Miami to Atlanta.
The legal question is not whether you're crossing a state line. It's whether the proposed move meets the statutory definition of relocation.
Does the Law Apply Before a Divorce Is Final?
Potentially, yes.
Relocation issues can arise while a divorce or paternity proceeding is pending, as well as after a final judgment has been entered. The timing of the move, the existence of a pending proceeding, and the terms of any applicable parenting plan or court order all matter.
That is why I encourage parents to address the legal implications before accepting a position in another city, signing a lease, or enrolling a child in a new school.
A job offer may have a deadline. A school may have an enrollment cutoff. But neither necessarily excuses compliance with Florida's relocation requirements.
Can You Relocate With Your Child Without Going to Court?
Relocation by Written Agreement
Yes. Not every relocation requires a contested court hearing.
Under §61.13001(2), relocation may proceed by a legally sufficient written agreement among the parents and other persons entitled to access or time-sharing under the statute.
The agreement must establish consent to the relocation, address the time-sharing arrangements following the move, and describe necessary transportation arrangements.
Where there is an existing court action or order, the agreement must be submitted for court ratification as required by the statute. The court may ratify the agreement without an evidentiary hearing unless a timely hearing request is made.
This is often the most efficient approach when everyone genuinely agrees.
But here's where I would caution parents: don't confuse an informal understanding with a legally sufficient relocation agreement.
A conversation over dinner, a casual text message, or a verbal assurance that the other parent is “fine with it” may not satisfy the statute.
And if the relationship deteriorates after the move, that informal understanding can become a very expensive problem.
What If the Other Parent Refuses to Agree?
Then the relocating parent generally must seek court authorization through a petition for relocation.
And this is where things can get complicated.
The fact that you believe the move is good for your child does not mean the court will necessarily agree.
Likewise, the other parent's objection does not automatically defeat your request.
The outcome will depend upon the statutory factors, the evidence presented, and whether the proposed relocation is in the child's best interests.
Filing a Petition to Relocate Under §61.13001
What Must Be Included in the Petition?
Florida's relocation statute is specific about the information that must be included in a petition.
Among other requirements, the verified petition must identify the proposed new residence and required contact information, provide the intended moving date, explain the reasons for the relocation, and include a proposed revised time-sharing arrangement.
If a written job offer is part of the reason for moving, the statute requires that it be attached.
The petition must also include the prescribed notice advising the other parent of the deadline and consequences of failing to object.
These requirements are important.
A relocation petition is not simply a letter to the judge explaining why you'd like to move.
It is a formal pleading governed by statutory requirements. Omissions or defects can create delays and potentially jeopardize the requested relief.
And when a job offer or school year is involved, delays can have serious consequences.
Serving the Other Parent and the 20-Day Objection Deadline
Once the petition is properly filed, it must be served in accordance with the applicable legal requirements.
The other parent generally has 20 days after service to file a verified response opposing relocation.
That deadline matters enormously.
If a properly served petition receives no timely objection, the statute provides for a rebuttable presumption that relocation is in the child's best interests and establishes procedures for expedited court authorization, absent good cause.
But don't misunderstand what that means.
The other parent's failure to object does not mean you should simply pack up and move without obtaining the required authorization.
The appropriate court order and statutory requirements still matter.
What Happens If the Other Parent Objects?
Now you're dealing with a contested relocation case.
The court must determine whether the proposed relocation is in the child's best interests, considering the statutory factors and the evidence presented.
That may require discovery, depositions, witnesses, documentary evidence, temporary hearings, and ultimately an evidentiary trial.
And this is where preparation becomes critical.
I've seen how quickly relocation disputes can become intensely personal. One parent believes the move offers a better life. The other believes it threatens the relationship they've worked years to build.
Both may genuinely believe they're doing what's best for the child.
But the judge cannot decide the case based simply on which parent feels more strongly. The decision must be based on the law and the evidence.
What Do Florida Judges Consider in Relocation Cases?
Florida Statute §61.13001(7) identifies numerous factors courts must consider when deciding whether relocation should be permitted.
Those factors include the child's relationships with parents, siblings, and other significant people; the child's age and developmental needs; educational and emotional considerations; the feasibility of preserving meaningful contact with the nonrelocating parent; and the child's preference when appropriate.
The court also considers the reasons for seeking or opposing relocation, employment and economic circumstances, the parties' compliance with financial obligations, and other circumstances relevant to the child's best interests.
The statute does not establish an automatic presumption favoring or opposing relocation in a contested case.
Let's look at some of the practical considerations that often become important.
The Child's Relationship With the Other Parent
Suppose a mother wants to relocate from Miami to Tampa with her ten-year-old son.
She has received an excellent job offer, has family in Tampa, and believes the move will improve their quality of life.
Those are legitimate considerations.
But suppose the father currently exercises substantial time-sharing, regularly attends school events, participates in extracurricular activities, and maintains a close relationship with the child.
How will that relationship be preserved?
Can the father realistically continue participating in the child's daily life? How will transportation work? What happens during the school year?
These aren't minor details.
A parenting plan that works beautifully when the parents live ten miles apart may become completely impractical when they live 250 miles apart.
Education, Stability, and Developmental Needs
A proposed relocation may involve a better school, improved housing, additional family support, or other opportunities. But courts also consider what the child may lose.
Does the child have established friendships, specialized educational services, medical providers, or important community relationships?
Would the move disrupt a particularly sensitive developmental period?
Is the proposed school genuinely better suited to the child's needs, or is that simply what the relocating parent believes?
Again, documentation matters.
Can a Better Job or New Marriage Justify Relocation?
Certainly, those circumstances may support a relocation request. But they do not automatically establish that the move is in the child's best interests. A higher salary may improve the family's financial circumstances. A new spouse may provide additional support. Extended family may help with childcare.
The court must still consider the effect of the proposed move on the child and the child's relationship with the other parent.
What's good for a parent can also be good for a child. But the two are not automatically the same thing. That's an important distinction.
The Proposed Long-Distance Parenting Plan
This is one of the areas where relocation cases often become particularly challenging.
A parent may propose that the child spend most of the summer, alternating holidays, and extended school breaks with the nonrelocating parent. That arrangement may be entirely reasonable under certain circumstances.
But does it actually preserve a meaningful relationship?
Who pays for transportation? Who accompanies a younger child on flights? What happens when school calendars conflict? Can the parents afford the travel? How will the child maintain regular contact during the school year?
Video calls can certainly help. But a video call is not the same thing as attending a parent-teacher conference, helping with homework, or sharing an ordinary Tuesday evening.
A successful relocation proposal should address these practical realities rather than relying on vague promises that everything will somehow work out.
Who Has the Burden of Proof in a Contested Relocation Case?
Under §61.13001(8), the parent requesting relocation initially bears the burden of proving, by a preponderance of the evidence, that the proposed move is in the child's best interests. If that burden is met, the burden shifts to the objecting parent to demonstrate, under the same standard, that relocation is not in the child's best interests.
In everyday language, the relocating parent must first establish that the evidence weighs in favor of allowing the move. And that means presenting more than good intentions.
Employment records, school information, financial documentation, parenting history, transportation arrangements, and credible witness testimony may all become important.
The question isn't simply whether you have a good reason to move. It's whether you can prove that the proposed relocation satisfies Florida's legal standard.
Having majority time-sharing does not automatically give a parent the right to relocate.
Temporary Relocation: What If You Can't Wait Until Trial?
Sometimes the timing of a proposed relocation creates an immediate problem. Perhaps a parent has accepted a position that begins in six weeks. Perhaps the school year is approaching. Perhaps a family emergency has changed the parent's circumstances.
Florida law provides procedures for requesting temporary relocation while the underlying dispute is pending. But temporary relocation is not automatic. The court must consider the applicable statutory requirements and preliminary evidence, including whether the proposed relocation is likely to be approved at the final hearing.
The statute also provides expedited scheduling procedures for temporary-relocation hearings and relocation trials, subject to its terms and good-cause exceptions.
That is one reason I tell parents to begin planning early. You don't want to be gathering evidence for the first time when the moving truck is already scheduled.
What Happens If a Parent Relocates Without Permission?
This is where an already difficult situation can become considerably worse. Unauthorized relocation may result in court orders requiring the child's return, contempt proceedings, attorney's fees, and other remedies authorized by law. The court may also consider the unauthorized relocation when evaluating the parties' conduct and making subsequent parenting determinations.
In other words, deciding to move first and ask permission later can seriously undermine an otherwise legitimate relocation request.
If you believe you have an urgent need to relocate, obtain legal advice about the available procedures before taking action.
What If You're the Parent Opposing Relocation?
Not every parent visiting this page is the one who wants to move. You may be the parent who just received a relocation petition and is worried about losing regular contact with your child. Your concerns deserve serious consideration.
Florida law provides a process for opposing relocation, but the response must be timely and legally sufficient. And just as the relocating parent needs evidence, so does the parent objecting to the move.
We address those issues in greater detail on our separate page, Opposing Child Relocation in Florida, including the objection deadline, the evidence needed to challenge relocation, and the remedies available when a parent moves without authorization.
Why Evidence and Preparation Matter in Relocation Cases
After more than two decades litigating family-law cases, I've learned something that applies particularly well to relocation disputes: What you believe is important. What you can prove in court is what ultimately matters.
A parent may sincerely believe that moving will create a better life for the child. But if the proposed employment opportunity is uncertain, the financial benefits are exaggerated, the school information is incomplete, or the transportation plan is unrealistic, that belief may not carry the day.
Likewise, an objecting parent who claims to be deeply involved in the child's life should be prepared to demonstrate that involvement through records, testimony, and other evidence.
That doesn't mean every relocation case needs to go to trial. Mediation and negotiation may provide opportunities to reach agreements that protect the child's interests while addressing both parents' concerns.
But whether you're negotiating or preparing for a final hearing, understanding the strengths and weaknesses of your evidence is essential. Good trial preparation often creates the opportunity for a good settlement.
How Segarra & Associates Approaches Florida Relocation Cases
At Segarra & Associates, P.A., we represent parents seeking relocation as well as parents opposing it.
That experience provides an important perspective. We understand the arguments likely to be raised on both sides and the practical problems that can arise when a child is moved a substantial distance from one parent.
Our approach begins with the facts. We review the existing parenting arrangements, evaluate the reasons for the proposed move, examine the statutory factors, and identify the evidence necessary to support our client's position.
We also look closely at the proposed parenting plan. Because winning permission to relocate is only part of the equation. The resulting arrangements must be workable for the child and the parents who will live with them.
And if the case cannot be resolved through negotiation or mediation, we prepare to present the evidence in court.
We serve clients throughout South Florida, Central Florida, and the Treasure Coast.
Frequently Asked Questions
How far can I move with my child without court permission in Florida?
Florida's relocation statute generally applies to qualifying changes in the child's principal residence of at least 50 miles for at least 60 consecutive days, subject to the statutory definition and exceptions.
However, a move of less than 50 miles may still raise issues under an existing parenting plan or court order. Review those provisions before assuming a move is permitted.
Can I relocate with my child to another Florida city or county?
Possibly, but remaining within Florida does not exempt you from §61.13001.
A qualifying move of 50 miles or more may require a legally sufficient agreement or court authorization, even when both residences are in Florida.
What happens if the other parent doesn't object within 20 days?
If the petition was properly served and no timely objection is filed, the statute establishes a rebuttable presumption favoring relocation and provides a procedure for expedited court approval, absent good cause.
The relocating parent should still obtain the required court authorization rather than treating silence as permission to move.
Can a judge approve relocation over the other parent's objection?
Yes, the court may approve relocation after considering the statutory factors and evidence, even when the other parent strongly objects.
The relocating parent bears the initial burden of proving that relocation is in the child's best interests. If that burden is satisfied, the objecting parent bears the burden of proving otherwise.
Can I relocate temporarily while my case is pending?
Possibly. Florida law allows temporary relocation orders under specified circumstances. The court must evaluate the statutory requirements and preliminary evidence before granting relief. Do not assume that a pending petition gives you permission to relocate.
What documents should I gather before filing a relocation petition?
Begin with your current parenting plan and court orders.
Other potentially useful materials include written employment offers, financial records, proposed housing information, school records, documentation concerning the child's needs, travel estimates, and evidence supporting the proposed parenting arrangements.
The relevant evidence will depend on the circumstances of the case.
Does having majority time-sharing give me the right to relocate?
No, having the child for a majority of overnights does not automatically authorize a qualifying relocation. The applicable statutory requirements must still be satisfied.
Can I relocate because of a better job, remarriage, or family support?
Those may be legitimate reasons for relocation and can be relevant to the court's analysis. However, the court must evaluate the proposed move under the statutory best-interests factors. A benefit to the relocating parent does not automatically establish that relocation should be approved.
What happens if I move with my child without following §61.13001?
Depending on the circumstances, unauthorized relocation can lead to an order requiring the child's return, contempt proceedings, attorney's fees, and other legal consequences. It may also affect the court's evaluation of the parent's conduct in the relocation dispute.
How long does a contested relocation case take in Florida?
The timeline depends on the court's calendar, the complexity of the dispute, the evidence required, and whether the parents reach an agreement.
Section 61.13001 contains expedited hearing and trial provisions, including scheduling requirements associated with temporary-relocation requests and trial requests, subject to statutory exceptions.
Those provisions should not be treated as a guarantee that every relocation dispute will be completed within a particular number of days.
Planning to Relocate With Your Child? Start With the Law, Not the Moving Boxes
A proposed relocation can affect where your child attends school, how often they see each parent, and the relationships that will shape their childhood. Those decisions deserve careful consideration.
Whether you're pursuing a better employment opportunity, moving closer to family, or seeking a fresh start, the most important first step is understanding your legal obligations and preparing a realistic plan.
A good reason to move is a starting point. A legally sound petition, credible evidence, and a workable parenting plan are what give that request a meaningful chance of success.
Segarra & Associates, P.A. assists parents throughout Florida with relocation petitions, contested relocation proceedings, negotiated agreements, and related parenting disputes.
To discuss your circumstances,
Call Segarra & Associates at (305) 742-5042 today!
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