Parental relocation is one of the most contested issues in Florida custody matters, especially when the move is attempted without proper legal consent. When one parent seeks to move more than 50 miles away from their current residence with a child shared under a parenting plan, the move must either be agreed upon by both parties or approved by the court. If it is done without consent or judicial approval, serious legal consequences can follow—including the loss of custody rights or enforcement proceedings.
In Tampa, the family courts take unauthorized parental relocations seriously. The Florida Relocation Statute is clear: moving a child without compliance risks court intervention, modifications to time-sharing, and potential contempt. A Tampa divorce attorney must understand both the legal procedures and the strategic options available when facing unauthorized relocations—whether representing the relocating parent or the one opposing the move.
This article explores the statutory requirements for relocation, the consequences of noncompliance, the steps available to objecting parents, and the legal standards courts apply when resolving relocation disputes in Florida.
Defining Relocation Under Florida Law
Under Florida Statutes §61.13001, “relocation” is defined as a change in the primary residence of a parent or other person with whom the child resides at least 50 miles away from the current residence for at least 60 consecutive days. Temporary absences for vacation, education, or healthcare are not considered relocations under the statute.
The law applies in any case where the parents have a court-approved parenting plan, or where the court has continuing jurisdiction over custody, time-sharing, or parental responsibility.
Any relocation without compliance with this statute—regardless of the parent’s intent—can trigger a response from the court and create grounds for a modification of the parenting plan.
Consent or Court Approval Required for Relocation
Florida law requires one of two pathways before a relocation is lawful:
- Mutual Agreement Between Parents
If both parents agree to the relocation, they must sign a written agreement that:- Reflects consent to the relocation
- Defines a new time-sharing schedule for the non-relocating parent
- Describes transportation arrangements for visitation
- Petition for Relocation
If the other parent does not consent, the relocating parent must file a petition with the court seeking permission to relocate. This petition must:- Be sworn under oath
- Include detailed information about the proposed relocation
- Describe the reasons for relocation
- Include a proposed post-relocation time-sharing plan
A Tampa divorce attorney will guide a client through this process, ensuring all procedural requirements are met. Any attempt to relocate without using one of these two methods violates the statute.
When a Parent Relocates Without Consent or Court Approval
When a parent unilaterally moves with the child in violation of §61.13001, the other parent can take immediate legal action. This includes:
- Filing a motion for an emergency pick-up order
- Requesting a temporary injunction to prevent further relocation
- Seeking contempt sanctions or attorney’s fees
- Filing a petition to modify the parenting plan based on the relocation
Tampa courts may order the return of the child, adjust custody, or penalize the violating parent. If the court finds the relocation was done in bad faith, it can weigh that heavily in future time-sharing determinations.
A Tampa divorce attorney can act quickly to file the necessary emergency motions to prevent damage to the parent-child relationship caused by unauthorized relocation.
Factors Courts Consider in Relocation Disputes
Whether addressing a relocation petition or responding to an unauthorized move, Florida courts apply a best-interest-of-the-child standard. Courts consider factors such as:
- The nature and quality of the child’s relationship with each parent
- The child’s age, developmental stage, and needs
- The impact of the relocation on the child’s physical, emotional, and educational development
- The feasibility of preserving the relationship between the child and the non-relocating parent through substitute arrangements
- The reasons for and against the relocation
- Whether the relocation is in good faith
- The career and economic circumstances of each parent
Courts have broad discretion in applying these factors. However, if a parent has relocated without consent, courts may presume the move was not in the child’s best interest unless strong evidence to the contrary is presented.
A Tampa divorce attorney will help develop compelling evidence for or against relocation based on these factors, often with input from child psychologists, educators, or custody evaluators.
Emergency Relief in Unauthorized Relocation Cases
In situations involving sudden or secret relocations, a parent may request emergency temporary relief. Florida family courts have the authority to:
- Order the immediate return of the child
- Grant exclusive time-sharing to the non-relocating parent
- Prevent removal of the child from the court’s jurisdiction
- Temporarily suspend or modify the parenting plan
To obtain emergency relief, the objecting parent must demonstrate that the relocation poses an immediate risk to the child or violates the existing parenting plan. A Tampa divorce attorney can help gather the evidence necessary to support this relief, including travel records, school enrollment documents, and witness statements.
Modifying Time-Sharing After Unauthorized Relocation
Unauthorized relocation can trigger a substantial change in circumstances, which is the threshold for modifying an existing parenting plan. Courts often view a parent’s unilateral move as a material change warranting a time-sharing modification.
Potential outcomes of such a modification may include:
- Designating the non-relocating parent as the primary residential parent
- Reducing or eliminating overnights with the relocating parent
- Imposing supervised visitation
- Altering holiday or summer schedules
The court may also hold the relocating parent in contempt and require them to pay attorney’s fees for the legal action their conduct necessitated.
A Tampa divorce attorney can petition the court to modify custody and secure a more stable environment for the child if the move has already taken place.
Defenses to Unauthorized Relocation
In some cases, a parent who relocates without consent may raise legal defenses. These may include:
- Lack of intent to permanently relocate: The parent may argue the move was temporary, such as staying with family during a crisis.
- Imminent threat to the child: If the relocation was for the child’s safety (e.g., escaping domestic violence), the court may consider emergency relocation permissible.
- Mistaken belief that consent was not required: While not always persuasive, courts may take a parent’s misunderstanding into account, especially if they promptly seek approval after the move.
Courts weigh these defenses carefully and consider the totality of the circumstances. A Tampa divorce attorney can assess the validity of any defense and present it in a legally strategic way.
The Role of Temporary Relocation Orders
In cases where a parent needs to move urgently—due to employment, military deployment, or family emergency—they can seek a temporary relocation order. This request can be filed concurrently with a formal relocation petition.
To obtain temporary permission, the requesting parent must show:
- A compelling need to move before a full hearing
- A temporary plan to maintain the other parent’s access
- That the move is in the child’s best interests
Tampa judges may grant temporary relocation with conditions, such as virtual visitation, shared transportation duties, or prompt updates to the court on the child’s welfare.
A Tampa divorce attorney can help craft a motion for temporary relocation that anticipates the court’s concerns and protects parental rights.
Dealing with Multi-State and Jurisdictional Issues
Unauthorized relocations that cross state lines can trigger additional legal challenges under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law ensures that only one state has jurisdiction to rule on custody matters at any given time.
If a parent moves to another state with the child:
- The original Florida court may retain exclusive jurisdiction
- Florida courts can issue orders requiring the child’s return
- Law enforcement in the new state may be authorized to assist
Tampa divorce attorneys routinely handle interstate enforcement matters and can coordinate with out-of-state counsel or law enforcement when necessary.
Consequences for Contempt and Sanctions
A parent who relocates in violation of a court order or statutory procedure can be held in contempt. This can result in:
- Monetary fines
- Attorney’s fees and costs
- Loss of time-sharing rights
- Jail time (in rare or egregious cases)
Contempt proceedings require the court to find willful disobedience of a known order. A Tampa divorce attorney must prove both the existence of the order and the parent’s intentional violation to obtain sanctions.
Drafting Relocation-Proof Parenting Plans
One of the best ways to avoid unauthorized relocation disputes is to draft a parenting plan that anticipates potential moves. A Tampa divorce attorney may recommend:
- Including relocation procedures tailored to the family’s circumstances
- Requiring written notice of intent to move, regardless of distance
- Establishing boundaries for temporary relocations
- Outlining communication protocols during travel
- Providing clear dispute resolution steps
While the Florida statute provides a framework, customized plans reduce the risk of misunderstanding and provide clarity for both parents.
Preventive Legal Strategies
Tampa divorce attorneys use several strategies to prevent unauthorized relocation, including:
- Recording the parenting plan with specific relocation clauses
- Filing standing injunctions preventing out-of-state removal
- Requiring court approval for any significant travel with the child
- Using GPS, school, or medical records to monitor location changes
- Creating built-in consequences for non-compliance in settlement agreements
These provisions, when properly drafted and enforced, can deter impulsive or unlawful moves.
When Parental Relocation is in Good Faith
Not all relocations are hostile or harmful. Many parents relocate for legitimate reasons:
- Job offers
- Cost of living adjustments
- Educational opportunities
- Support from extended family
In these cases, a Tampa divorce attorney helps parents seek relocation lawfully, negotiate modified parenting plans, and preserve the child’s relationship with both parents. Good faith relocation requests, when backed by detailed planning and evidence, often result in successful court approval.
Final Thoughts
Parental relocation without consent is a high-stakes issue in Tampa custody cases. Florida law provides strict procedures for requesting or opposing relocation, and violations can result in significant legal consequences. Whether you are trying to prevent an unauthorized move or rectify one that has already occurred, a Tampa divorce attorney is essential to protecting parental rights, maintaining stability for the child, and ensuring the law is enforced.
By understanding the legal framework, proactively structuring parenting plans, and taking swift legal action when necessary, parents can navigate relocation disputes with confidence and clarity.
FAQ: Parental Relocation Without Consent in Florida
Q: What qualifies as relocation under Florida law?
A: Relocation is a move of 50 miles or more from the current residence that lasts for at least 60 days. Temporary travel does not count.
Q: Can I move with my child without the other parent’s consent?
A: No. Unless the other parent agrees in writing or the court approves the move, relocation is prohibited under Florida law.
Q: What happens if a parent moves without permission?
A: The court may order the child returned, hold the parent in contempt, modify the parenting plan, or impose sanctions.
Q: How do I stop my co-parent from moving away with our child?
A: You can file a motion for temporary relief, emergency custody, or an objection to their relocation petition within 20 days of receiving notice.
Q: Can I get custody back if my ex moves without my consent?
A: Possibly. Courts often see unauthorized relocation as a material change in circumstances and may award custody to the parent who remained.
Q: What if the other parent says the move was temporary?
A: The court will examine the evidence to determine if the move qualifies as a “relocation” under the statute and whether it was done in good faith.
Q: What should I do if I need to move quickly for a job?
A: File a petition for relocation and request a temporary relocation order explaining the urgency and offering a revised time-sharing schedule.
Q: Are there any exceptions to the relocation rule?
A: Exceptions may apply in emergencies, cases involving domestic violence, or when the move does not meet the 50-mile/60-day threshold.
Q: How can I make sure my parenting plan prevents unauthorized moves?
A: Include specific relocation procedures, notice requirements, and consequences for non-compliance in the parenting plan.
Q: What role does a Tampa divorce attorney play in these cases?
A: A Tampa divorce attorney can file or respond to relocation petitions, enforce existing orders, modify custody, and present evidence in court to protect your parental rights.
The McKinney Law Group: Compassionate Divorce Counsel for Tampa Spouses in Transition
Whether you’re ending a short-term marriage or leaving a long-term relationship, The McKinney Law Group is here to support Tampa clients with divorce services designed to make the transition smoother and more manageable.
We help with:
✔ Dividing assets fairly, no matter how simple or complex your estate
✔ Negotiating or contesting alimony based on your needs
✔ Structuring child custody and parenting time plans
✔ Guiding you through every stage—from filing to final judgment
✔ Offering honest answers and legal clarity throughout the process
Call 813-428-3400 or email [email protected] to take the first step toward your fresh start.