When parents share custody, moving out of state is not as simple as packing up and leaving. In Florida, relocating with a child, especially after a divorce or custody order, is a legal matter that requires either consent or court approval. It does not matter if the move is for a job, family support, or a fresh start, as the decision must consider how the change affects the child.
What Counts as Relocation in Florida
Under Florida law, relocation means moving 50 miles or more from your current home for at least 60 days. This rule applies to both parents and anyone with time-sharing or visitation rights. Temporary moves for school or medical care do not count.
If both parents agree, the move can happen, so long as they put it in writing. The agreement must include a new time-sharing plan and details about how the child will travel between homes. It also must be filed with the court.
When There Is No Agreement, Court Approval Is Required
If the other parent does not agree, the parent who wishes to move must file a petition to relocate. This petition needs to explain where, why, and when the parent plans to move, along with how the new arrangement will support the child’s relationship with both parents. The non-moving parent then has 20 days to object. If they do not respond, the court may approve the move without a hearing.
What Judges Consider Before Granting a Move
Florida courts make relocation decisions based on the child’s best interest. Judges look at the following:
- The child’s age and ties to each parent
- How the move might affect school and emotional development
- Whether it would improve the quality of life
- Reasons behind the move
- Any history of violence
- Each parent’s role in the child’s life
We Help Florida Parents Handle Custody and Relocation
At Wickersham & Bowers, we help parents who are considering or contesting a move involving their children. Whether you are trying to relocate legally or protect your custody rights, we provide clear legal guidance every step of the way. Contact us today to learn how we can support your family’s next steps.