Relocation after divorce can pose significant challenges, particularly when children are involved. When one parent wishes to move a considerable distance from the other, the existing custody arrangement may be disrupted, and the child’s relationship with each parent may be affected. Florida law recognizes the sensitive nature of these cases and has established strict rules governing parental relocation.
In many instances, disputes over relocation arise years after a divorce is finalized, requiring courts to evaluate what is in the child’s best interest under entirely new circumstances. These legal challenges are particularly common in today’s mobile society, where new jobs, remarriage, or family support may motivate a parent to move. A skilled Tampa divorce attorney is essential in navigating these disputes, ensuring that a parent’s rights are protected while focusing on the well-being of the child.
This article provides a comprehensive guide to parental relocation under Florida law, the impact of relocation on time-sharing and custody agreements, and how courts approach these complex cases.
What Counts as Relocation Under Florida Law?
Florida Statutes §61.13001 defines relocation as a change in the location of the principal residence of a parent or other person with whom the child resides. To qualify as a legal relocation:
- The new location must be at least 50 miles from the current residence; and
- The intended move must last for at least 60 consecutive days.
Temporary travel for purposes such as vacation, education, or medical care does not qualify as a relocation.
A parent cannot simply decide to move away with the child, even if they are the majority time-sharing parent. If the move meets Florida’s definition of relocation and is not agreed upon by both parents, court approval is required.
Parental Agreement vs. Contested Relocation
There are two primary ways to handle relocation under Florida law:
1. Relocation by Agreement
If both parents agree to the relocation, they can sign a written agreement that outlines:
- Consent to the move;
- A revised time-sharing schedule; and
- Transportation arrangements for visitation.
This agreement must be submitted to the court for approval, but generally, no hearing is required if both parties are aligned. A Tampa divorce attorney can draft or review the agreement to ensure it complies with legal requirements and adequately protects each parent’s rights.
2. Relocation by Petition
If the other parent does not agree, the parent seeking to move must file a Petition to Relocate with the court and serve it on the other parent. The petition must include:
- The intended new address and mailing address;
- The home telephone number (if available);
- The date of the proposed relocation;
- The reasons for relocation; and
- A proposed revised time-sharing schedule.
The other parent then has 20 days to object in writing. If no objection is filed, the court may grant the relocation without a hearing. If an objection is filed, a contested hearing is scheduled, and the court will determine whether relocation is in the child’s best interest.
How Relocation Affects Custody and Time-Sharing
Relocation often requires substantial changes to the existing parenting plan. A long-distance move can disrupt regular mid-week visits, school-year arrangements, and the child’s daily life.
Some of the most common impacts on custody arrangements include:
- Modified Parenting Time: Time-sharing may shift to allow extended periods during holidays, summer, or school breaks to compensate for fewer weekly visits.
- Virtual Visitation: Courts may include provisions for regular video calls, text communication, and digital interaction to maintain parent-child bonds.
- Travel Responsibilities: The relocating parent may be required to bear the financial and logistical burden of transporting the child for visitation.
- Change in School District: A move often involves enrollment in a new school district, which can affect educational stability and may weigh heavily in the court’s analysis.
A Tampa divorce attorney will work to ensure that any changes in the time-sharing plan are fair and that the child’s relationship with both parents remains as uninterrupted as possible.
Court Considerations in Relocation Cases
When deciding whether to allow a relocation, Florida courts apply a “best interest of the child” standard. The burden of proof lies with the parent seeking relocation. That parent must demonstrate that the move will enhance the child’s life and is not being done to interfere with the other parent’s rights.
Florida law outlines several statutory factors the court must consider:
- The Nature and Quality of the Child’s Relationship with Each Parent
Courts examine whether the relocation will interfere with the child’s ability to maintain a close and meaningful relationship with the non-moving parent. - The Impact of the Move on the Child’s Development
This includes emotional, educational, and social development. Judges are particularly concerned with how the move will affect the child’s stability and growth. - The Feasibility of Preserving the Relationship with the Non-Relocating Parent
Courts assess whether meaningful contact can be maintained through revised visitation and communication plans. - The Child’s Preference
If the child is mature enough, the court may consider their input, especially if the move disrupts established relationships or routines. - Whether the Move is Being Made in Good Faith
The court evaluates the parent’s motives for relocating. Moves based on better job opportunities, proximity to family, or educational benefits for the child are viewed more favorably than those driven by conflict or revenge. - Any History of Domestic Violence or Abuse
The court will consider safety and past behavior when assessing relocation. - The Current Employment and Financial Circumstances of Each Parent
A relocation motivated by improved economic conditions may support the request if it clearly benefits the child’s standard of living.
A Tampa divorce attorney preparing for a relocation hearing must build a case based on these factors, presenting clear, compelling evidence to support their client’s position.
Temporary Orders and Emergency Relief
In some cases, a parent may attempt to relocate without following the proper legal process. When this occurs, the non-relocating parent can seek emergency relief from the court to prevent the unauthorized move or secure the child’s return.
Florida courts can issue temporary orders to maintain the child’s current residence and schooling while the relocation petition is pending. This prevents the relocating parent from gaining an unfair advantage or forcing the court to rule on an already-implemented move.
Temporary orders can also:
- Prohibit the child from being removed from the state;
- Suspend or modify existing time-sharing while the case is pending;
- Allocate temporary transportation costs or visitation arrangements.
A Tampa divorce attorney can move quickly to protect a parent’s rights when faced with a surprise relocation attempt.
The Role of Mediation in Relocation Disputes
Florida courts encourage mediation in all family law disputes, including relocation cases. Mediation allows parents to work out compromises without the need for a full trial.
Potential resolutions through mediation include:
- Agreeing on relocation with customized visitation;
- Creating a new time-sharing calendar that supports both parents’ involvement;
- Clarifying transportation and cost-sharing expectations.
When successful, mediation can reduce the stress and cost of litigation. A skilled Tampa divorce attorney can guide clients through this process and advocate for an agreement that serves their long-term interests.
Relocation Involving a Military Parent
When one parent is in the military, relocation issues become more complex. Deployments, permanent station changes, and long-term training may require special provisions in the parenting plan.
Florida law allows for expedited hearings in military relocation cases and permits temporary modifications of custody while the service member is away. However, a military parent must still comply with the relocation statute and obtain permission before moving the child.
A Tampa divorce attorney experienced in military family law can help address the unique challenges of parenting plans that must accommodate service obligations.
When the Court Denies Relocation
If the court denies a parent’s relocation petition, the parent must either:
- Remain in the current location; or
- Relocate without the child and potentially lose majority time-sharing.
Courts will not prevent a parent from moving, but they will prohibit that parent from taking the child without permission. In these cases, the relocating parent must decide whether to move without the child or stay to maintain their role as the primary caregiver.
A Tampa divorce attorney will advise clients on how best to proceed if relocation is denied and help renegotiate parenting time or support accordingly.
Modifying Child Support After Relocation
Relocation often impacts child support. The court may adjust child support based on:
- A change in parenting time;
- A change in transportation costs;
- New income levels for either parent (due to job changes from relocation);
- Altered living expenses (e.g., cost of living in the new location).
The court may order the relocating parent to absorb increased travel expenses or offset financial imbalances created by the move. A Tampa divorce attorney can petition for a support modification in conjunction with a relocation hearing.
Tips for Parents Considering Relocation
- Plan Ahead
Begin gathering documentation early—job offers, housing plans, school options, and family support in the new location. - Notify the Other Parent Early
Proactive communication may increase the chance of agreement and minimize litigation. - Update the Parenting Plan
A revised, practical parenting plan that addresses long-distance issues is more likely to be accepted by the court. - Be Honest About Motives
Judges are experienced in detecting moves made for improper reasons. Relocation that is child-centered will be more persuasive. - Seek Legal Counsel
Working with a Tampa divorce attorney early in the process helps ensure compliance with the law and strengthens your legal position.
FAQ: Relocation and Custody in Florida
Do I need court approval to move with my child after divorce?
Yes, if you intend to move more than 50 miles from your current residence for more than 60 days and the other parent does not consent, you must file a petition with the court.
What happens if the other parent agrees to the move?
You can submit a written relocation agreement to the court, including the new time-sharing plan and transportation terms. If approved, no hearing is needed.
Can the court stop me from relocating?
The court cannot prevent you from moving, but it can prohibit you from relocating the child. You must decide whether to relocate without the child or stay and maintain majority custody.
What if I move without notifying the other parent or court?
Unauthorized relocation is a serious violation and can result in legal penalties, including loss of custody or being held in contempt of court.
Does my child get a say in relocation?
If the child is mature enough, the court may consider their opinion, especially if the move significantly disrupts school, social life, or family bonds.
What if I’m the non-relocating parent—how can I oppose the move?
File an objection within 20 days of being served. You can argue that the move is not in the child’s best interest or would harm your relationship with the child.
How does relocation affect child support?
Relocation can lead to a change in support obligations based on parenting time, income adjustments, and travel expenses. You may need to file for modification.
Can I relocate if I’m in the military?
Yes, but you still need court approval to move with the child. The court will consider military duties in its analysis and may issue temporary orders as needed.
Can relocation be temporary?
No. Moves for less than 60 days or for reasons like vacations or medical care are not considered relocations under Florida law.
Is virtual visitation enough to maintain parent-child bonds?
It can help, but it doesn’t replace physical time together. Courts look for a time-sharing plan that supports regular, meaningful contact despite the distance.
Conclusion
Relocation after divorce is a complex legal matter with significant consequences for children and parents alike. Florida law balances the rights of both parents with the best interests of the child, and courts require strict compliance with procedural rules. Whether you are seeking to relocate or objecting to a proposed move, preparation and legal guidance are essential.
A Tampa divorce attorney can help you understand your rights, comply with legal requirements, and present a compelling case to protect your child’s future and your parental relationship.
The McKinney Law Group: Protecting Your Parental Rights During Divorce in Tampa
At The McKinney Law Group, we help Tampa parents protect their rights and relationships with their children during divorce. We work hard to ensure fair, child-focused custody and support solutions.
We assist with:
✔ Creating parenting plans that fit your child’s routine
✔ Child support calculations under Florida guidelines
✔ Custody modifications and enforcement
✔ Mediation and courtroom representation
Call 813-428-3400 or email [email protected] for family-focused divorce help.