After a divorce is finalized, life doesn’t stop moving. New job opportunities, relationships, or family obligations can make relocation necessary. But if you share custody of your children, moving away—especially beyond a certain distance—can become a legal minefield. In Florida, relocating with children after divorce is not a simple decision one parent can make alone. There are laws in place to protect the child’s relationship with both parents, and courts take relocation requests very seriously.
Whether you’re the parent seeking to move or the one opposing a relocation, understanding the legal framework surrounding parental relocation is critical. Florida law requires a specific process to be followed, and failure to comply can lead to serious consequences. A Tampa divorce lawyer can help you navigate this complex area of family law, file the correct petitions, and protect your child’s best interests.
This comprehensive guide explains what qualifies as relocation, how the courts analyze relocation petitions, what factors can influence the judge’s decision, and how a Tampa divorce lawyer can support your goals—either to move or to keep your child close.
What Is Considered Relocation Under Florida Law?
Florida Statute §61.13001 governs parental relocation. Under this law, “relocation” is defined as a change in the location of the principal residence of a parent or other person with whom the child lives, at the time of the last court order, which is at least 50 miles from that residence and for at least 60 consecutive days. Temporary absences for vacation, education, or health care are not considered relocation.
This means that if you’re moving across town in Tampa, you likely don’t need court approval. But if you’re moving 50 miles or more—whether it’s to Jacksonville, Miami, or out of state entirely—you must either:
- Obtain written consent from the other parent, or
- File a petition with the court and receive judicial approval
If you move without following these procedures, the court can impose sanctions, modify your custody rights, and even order the child returned.
A Tampa divorce lawyer can help you assess whether your move qualifies as a legal “relocation” and what steps to take next.
Step 1: Seeking Agreement with the Other Parent
The easiest way to relocate with your child is with the other parent’s written consent. If both parties agree, you must file a written agreement with the court that includes:
- Consent from the non-relocating parent
- A revised time-sharing schedule
- Transportation arrangements for continued contact
Once the court approves the agreement, it becomes an enforceable order. This route avoids lengthy litigation and often benefits everyone involved, particularly the child.
A Tampa divorce lawyer can help you negotiate terms, draft the agreement, and file it with the court to ensure compliance with all legal requirements.
Step 2: Filing a Petition to Relocate
If the other parent does not consent, you must file a formal “Petition to Relocate” with the court. The petition must include:
- Your intended new address and mailing address
- The home telephone number (if available)
- The date of the intended move
- A detailed statement of the specific reasons for the relocation
- A proposed revised time-sharing schedule
- Transportation plans for continued contact
This petition must be personally served on the other parent, who then has 20 days to object. If they do not respond, the court may presume the move is in the child’s best interest and approve it without a hearing.
A Tampa divorce lawyer can help ensure your petition includes all the necessary components and builds a persuasive case for relocation.
Contesting a Relocation Request
If you receive notice that your co-parent intends to relocate with your child, you must file a formal objection within 20 days. Your objection should explain:
- Why the relocation is not in the child’s best interests
- How the move would negatively affect your relationship with the child
- Any inaccuracies or deficiencies in the petition
Failure to respond within the timeframe can result in the court granting the petition by default. If you oppose the move, swift legal action is essential.
A Tampa divorce lawyer can help you file a timely objection, preserve your custodial rights, and prepare for the upcoming hearing.
How Courts Decide Relocation Cases
Florida courts use a “best interests of the child” standard when deciding relocation requests. The burden is on the relocating parent to prove that the move is in the child’s best interests—not just their own.
The judge will evaluate numerous factors, including:
1. The Nature of the Child’s Relationship with Each Parent
The court will look at the child’s current bond with each parent and other close family members. A move that disrupts a strong, stable relationship may be denied, while a move that does not impact parental involvement may be more acceptable.
2. The Impact of Relocation on the Child’s Development
Judges consider whether the move would enhance the child’s educational opportunities, emotional development, or quality of life. They may also look at the loss of access to extended family, friends, or community activities.
3. The Child’s Age and Maturity
Older children may have a voice in the process, especially if they are mature enough to express a well-reasoned preference. Courts will take into account how adaptable the child is and whether they have particular developmental or educational needs.
4. The Reason for the Move
The court will scrutinize the reason behind the relocation. Moves for better job opportunities, educational advancement, or proximity to supportive family may carry more weight than a move that seems arbitrary or designed to thwart the other parent’s involvement.
5. The Ability to Maintain a Relationship with the Non-Relocating Parent
Can the relocating parent ensure that the child maintains meaningful contact with the other parent? Courts look for realistic transportation plans, financial feasibility, and the willingness of the relocating parent to facilitate communication.
6. The Employment and Financial Circumstances of Each Parent
A new job or significant promotion can be a legitimate reason for relocation, but the relocating parent must show how the move will benefit the child—not just themselves.
7. History of Domestic Violence or Substance Abuse
The court will consider any history of abuse, violence, or substance dependency by either parent. These factors can impact both the relocation decision and the overall parenting plan.
A Tampa divorce lawyer can help you present evidence aligned with these factors or challenge the relocation if it threatens your child’s stability.
Temporary Relocation and Emergency Motions
Sometimes, urgent circumstances—like a job transfer or family emergency—arise before a relocation petition can be fully resolved. Florida courts may allow temporary relocation if the requesting parent can demonstrate compelling reasons and the move would not harm the child.
These cases require swift legal action and clear documentation. If you’re faced with an unexpected need to move, consult a Tampa divorce lawyer immediately to protect your rights and your child’s well-being.
Modifying the Parenting Plan After Relocation
If relocation is approved, the court will usually modify the parenting plan to reflect the new geographic realities. The revised plan should address:
- Long-distance time-sharing (e.g., extended holidays, summer breaks)
- Virtual visitation (e.g., FaceTime, Zoom, texting)
- Transportation responsibilities and costs
- Adjustments for travel delays or missed exchanges
- Communication expectations
Judges aim to preserve meaningful contact with both parents, even across long distances. A well-crafted post-relocation parenting plan helps reduce confusion, conflict, and future litigation.
Your Tampa divorce lawyer can help you negotiate a workable arrangement that prioritizes your child’s needs and complies with court orders.
Denied Relocation Requests: What Happens Next?
If the court denies your relocation request, you must stay within the area or seek other solutions. Violating the court’s order by moving without permission can lead to:
- A change in primary custody
- Loss of parenting time
- Contempt of court charges
- Mandatory return of the child
If you still wish to pursue relocation, you can appeal the decision, propose a new plan, or explore different career or housing options that don’t require a qualifying move.
A Tampa divorce lawyer can evaluate the reasons for the denial and advise you on your next legal steps.
Avoiding Pitfalls: Common Mistakes in Relocation Cases
Relocation is a legally complex and emotionally charged issue. Parents who try to handle it without legal guidance often make costly mistakes, such as:
- Moving without court approval
- Failing to file a timely petition or objection
- Assuming informal agreements are enforceable
- Refusing to cooperate with time-sharing modifications
- Ignoring transportation and financial logistics
A Tampa divorce lawyer can help you avoid these pitfalls and present your case strategically, whether you’re seeking or opposing relocation.
Tips for a Strong Relocation Case
If you’re the parent seeking to relocate, here are some practical tips to improve your chances:
- Start early: Don’t wait until the last minute to file your petition.
- Provide documentation: Include job offers, school information, housing details, and medical support if applicable.
- Offer a fair alternative schedule: Show that you’re willing to compromise on time-sharing to preserve the other parent’s relationship.
- Be respectful and cooperative: Judges favor parents who demonstrate a willingness to co-parent effectively.
- Focus on the child: Your petition should emphasize how the move benefits the child—not just you.
Your Tampa divorce lawyer can help you package these details into a compelling legal argument tailored to your judge and your jurisdiction.
Tips for Opposing a Relocation Request
If you’re the parent objecting to relocation:
- Act fast: You only have 20 days to respond to a relocation petition.
- Demonstrate involvement: Show the court your consistent role in the child’s life—school, medical care, extracurriculars.
- Challenge the benefit: Explain why the move is not in the child’s best interests or how it will disrupt their well-being.
- Propose alternatives: Offer solutions that support the other parent’s goals without requiring relocation.
- Hire a Tampa divorce lawyer: Relocation cases are technical and require legal precision. Don’t risk your parental rights by going it alone.
FAQ
Q: What qualifies as relocation under Florida law?
A: Any move of 50 miles or more from the child’s current residence for at least 60 consecutive days is considered relocation and requires either consent or court approval.
Q: Can I move if the other parent agrees?
A: Yes. If both parents agree in writing and submit a new time-sharing plan, the court can approve the move without a hearing.
Q: What if the other parent objects?
A: You must file a formal petition and go through a court hearing where the judge will evaluate the relocation under the best interests of the child standard.
Q: Can I lose custody if I move without permission?
A: Yes. Unauthorized relocation can result in contempt charges, loss of custody, or forced return of the child.
Q: How long does it take to get a relocation approved?
A: It varies, but contested relocation cases can take several months, especially if they require discovery or expert evaluations.
Q: Can I relocate temporarily?
A: Only with court permission or consent from the other parent. Temporary relocations may still trigger the 50-mile rule if they last more than 60 days.
Q: Will the court consider my new job as a good reason to move?
A: Possibly. Courts will weigh whether the job improves financial stability and benefits the child—but it’s not enough on its own.
Q: Can the child’s preference impact the decision?
A: Yes, if the child is mature enough, the court may consider their preference as one factor in the overall analysis.
Q: What happens if I miss the 20-day deadline to object?
A: The court may grant the relocation by default, so timely action is critical.
Q: Should I hire a Tampa divorce lawyer for a relocation case?
A: Absolutely. Relocation law is complex, and the stakes are high. An experienced Tampa divorce lawyer can protect your rights and your child’s future.
Relocation cases are some of the most emotionally charged and legally complex matters in Florida family law. Whether you’re seeking to move for a better opportunity or trying to preserve your parenting time, the outcome can dramatically alter your relationship with your child. Don’t face this challenge alone. With the guidance of a skilled Tampa divorce lawyer, you can build a strong case, comply with all statutory requirements, and ensure that your child’s best interests remain at the center of every decision.
The McKinney Law Group: Divorce Solutions in Tampa When Real Estate Is at the Center
Your home may be the most valuable—and emotionally charged—asset in your divorce. At The McKinney Law Group, we help Tampa clients address real estate issues with clarity and strategy.
We help with:
✔ Determining how to divide or retain the marital home
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Call 813-428-3400 or email [email protected] to protect your property interests during divorce.