815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
Life after a divorce often brings new opportunities, including job offers in different cities or the desire to move closer to family for support. For parents with shared custody, however, moving a significant distance with a child isn't as simple as packing up and leaving. Florida law has specific requirements that must be met before a parent can relocate with their child.
Understanding these laws is crucial for protecting your parental rights and ensuring your child's best interests remain the top priority. This guide will walk you through the legal process of relocation in Florida, explain the factors courts consider, and outline the steps you need to take. Whether you are the parent planning to move or the one opposing it, this information will help you navigate this complex area of family law.
In Florida, "relocation" has a precise legal definition. It means moving at least 50 miles away from your current residence for 60 consecutive days or more. This applies to any parent, whether you have sole or shared custody, as long as a court order or agreement is in place. The 50-mile rule is calculated "as the crow flies," not by driving distance.
It's a common misconception that this rule only applies to moves out of state. Even a move within Florida, such as from Orlando to Tampa, would be considered a legal relocation if it exceeds the 50-mile threshold and requires you to follow the proper legal procedures. Failing to do so can have serious consequences, including court-ordered return of the child and potential changes to your custody arrangement.
If you want to relocate with your child, you cannot simply move. You must either obtain written consent from the other parent or get permission from the court.
The simplest path is to reach a written agreement with the other parent. This agreement must be detailed and specific to be legally valid. It should include:
Once signed by both parents, this agreement must be filed with the court and ratified into a new order. Without a court order, the agreement may not be enforceable.
If the other parent does not consent to the move, you must file a formal "Petition to Relocate with a Minor Child" with the court. This is a legal document that initiates the court process. Your petition must be served on the other parent and include:
If the other parent fails to object within the 20-day timeframe, the court may grant the relocation without a hearing, assuming the move is in the child's best interest. However, if they file an objection, the court will schedule a hearing to decide the matter.
The guiding principle in any custody-related decision is the "best interests of the child." The parent seeking to relocate has the burden of proving that the move is in the child's best interest. Florida Statutes section 61.13001 outlines several factors the court must consider when making its determination:
The court will evaluate the nature and quality of the child's relationship with both the relocating and non-relocating parent. It will consider how the move might impact the child's ability to maintain a strong bond with the non-relocating parent.
The developmental stage, age, and needs of the child are critical. For example, a move might be more disruptive for a teenager with a strong social network than for an infant. The court will also look at how the move will affect the child's physical and emotional well-being.
The court will assess the likely impact the relocation will have on the child's development. This includes their physical, educational, and emotional health. Will the new location offer better schools, more extracurricular activities, or a safer environment?
A crucial element is whether a realistic and sustainable time-sharing schedule can be created. The court will look at the logistical and financial feasibility of preserving the relationship between the child and the non-relocating parent. This includes travel costs and arrangements.
If the child is of sufficient age and maturity, the court may consider their preference. While not the deciding factor, a child’s opinion can carry weight, especially for older children and teenagers.
The court examines the motivations of both parents. The relocating parent must show the move is for a legitimate reason (like a better job or educational opportunity) and not simply to interfere with the other parent's time-sharing. Similarly, the court will assess whether the objection is made in good faith or to cause financial or emotional strain.
The court will look at whether the move is likely to enhance the quality of life for both the parent and the child. This includes career opportunities, financial stability, and access to better resources.
If you are the non-relocating parent and you receive a Petition to Relocate, it is vital to act quickly. You must file a formal written objection with the court within 20 days. Your objection should explain why you believe the move is not in your child's best interest, referencing the factors listed above.
Failing to file a timely objection can result in the court approving the relocation by default. It's highly recommended to seek legal advice from a qualified family law attorney to ensure your objection is properly filed and effectively argues your position.
Navigating the complexities of parental relocation requires careful planning and a thorough understanding of Florida law. Whether you are seeking to move or opposing a relocation, the process can be emotionally challenging and legally intricate. Protecting your relationship with your child is paramount, and having experienced legal guidance can make all the difference.
If you are facing a child custody and relocation issue, you don't have to go through it alone. A knowledgeable attorney can help you understand your rights, prepare the necessary legal documents, and advocate for your child's best interests in court. If you're looking for a family law practice in Orlando, FL, contact Frank Family Law today to schedule a confidential consultation.