Relocating with a Child in Florida: Legal Requirements and Court Process

What counts as a relocation

A relocation under the statute is a change in the principal residence of at least 50 miles from the current residence, for at least 60 consecutive days. Temporary absences for vacation, education, or health care do not count.

The 50 miles is measured from the residence at the time the last order was entered, not from wherever a parent happens to be living now. Moves within 50 miles are not covered by the statute at all, though they can still trigger a modification if they break the schedule.

The easy path: written agreement

If both parents and every other person entitled to timesharing agree, the relocation can proceed by written agreement. The agreement has to reflect consent, define a revised timesharing schedule for the non-relocating parent, and describe any transportation arrangements.

It is signed, filed, and ratified by the court without a hearing unless a party requests one within ten days. This is by far the fastest and cheapest route, and it is worth real effort to get there.

The notice of intent to relocate

Without agreement, the relocating parent has to serve a written notice of intent to relocate, signed under oath. The statute requires the notice to contain specific items, and a notice missing any of them can be struck:

• The intended new address, including the mailing address if different
• The home telephone number of the new residence, if known
• The date of the intended move
• A detailed statement of the specific reasons for the relocation, with a copy of any written job offer attached
• A proposed revised timesharing schedule and proposed transportation arrangements
• The statutory warning that an objection must be served within 20 days or the relocation will be allowed

Objecting: the 20-day clock

The non-relocating parent has 20 days after service to file and serve a verified response objecting. A bare objection is not enough. The response has to state the specific factual basis for opposing, including a statement of the amount of participation and involvement the objecting parent currently has with the child.

If no timely objection is filed, the relocation is presumed to be in the child's best interest and the court may allow it without a hearing. That is how relocation cases are most often lost, by missing the deadline.

What the judge weighs

When the move is contested, the burden is on the parent seeking to relocate to prove by a preponderance of the evidence that it is in the child's best interest. Section 61.13001(7) lists the factors, and no presumption exists in favor of either parent. Courts focus on:

• The nature and quality of the child's relationship with each parent, siblings, and other significant people
• The child's age and developmental stage, and the likely effect of the move
• Whether the schedule and transportation can preserve a meaningful relationship with the non-relocating parent
• The child's preference, considering age and maturity
• Whether the relocation will enhance the general quality of life for both the parent and the child
• The reasons for seeking the relocation and the reasons for opposing it, and whether each is made in good faith
• Each parent's history of complying with the existing timesharing order
• The career and economic opportunity the move presents, and whether it is realistic and documented

Never move first

A parent who relocates without agreement or a court order can be compelled to return the child, held in contempt, and made to pay the other parent's fees. The unauthorized move also becomes a fact the judge weighs against them in the very case they are trying to win.

If the timing is urgent, the statute allows a request for a temporary order permitting the move pending the final hearing. That request is the right tool, not a moving truck.

Common questions

Keep reading

• Florida Relocation Guide →
• What Counts as a Substantial Change in Circumstances →
• Florida Parenting Plans Guide →