Relocation after a divorce or custody order is one of the most contentious and legally complex issues in Florida family law. When one parent wants to move with the child to another city, county, or state—or even out of the country—it raises serious concerns for the other parent and for the child’s well-being. Florida law has strict requirements for relocation, and courts are tasked with balancing the rights of the relocating parent with the rights of the other parent and the best interests of the child.
For families in Tampa, relocation requests are governed by Florida Statutes §61.13001. Whether you are seeking to relocate or attempting to prevent a move, understanding your legal rights and obligations is essential. The guidance of a knowledgeable Tampa divorce attorney is often necessary to successfully navigate these proceedings.
What Is Considered “Relocation” Under Florida Law?
Florida law defines relocation as a change in a parent’s principal residence that is:
- At least 50 miles away from the current residence,
- For a period of 60 consecutive days or more, and
- Not temporary, such as a vacation or short-term business assignment.
This definition applies to both custodial and non-custodial parents. If a parent plans to move and take the child with them, they must follow the legal procedures for obtaining permission. A Tampa divorce attorney can evaluate whether a proposed move qualifies as a legal relocation and what steps are required to remain in compliance with the law.
The Role of the Parenting Plan
In Florida, all custody arrangements are governed by a court-approved parenting plan. This plan establishes parental responsibility, time-sharing schedules, and protocols for communication. If the parenting plan is already in place, any proposed relocation typically requires a modification of that plan. Even when both parents share time equally, a relocation that would impact the existing schedule requires legal authorization.
Parenting plans must be crafted with future flexibility in mind, but even the most carefully drafted plans cannot anticipate every change. When relocation arises, a Tampa divorce attorney can help parents petition for or contest modifications that reflect the realities of a new geographic arrangement.
Relocation by Agreement vs. Court Petition
There are two primary paths for seeking relocation:
- Relocation by Agreement
If both parents (and any other persons with time-sharing rights) agree to the move, they can sign a written agreement that:
- Reflects their consent to the relocation,
- Describes a new time-sharing schedule, and
- Describes how transportation for visitation will be handled.
This agreement must be submitted to the court for approval, and once accepted, it becomes an enforceable order. A Tampa divorce attorney can assist in drafting this agreement to ensure it includes all necessary components and protects each party’s rights.
- Relocation by Petition
If the other parent does not agree, the relocating parent must file a formal petition with the court. The petition must:
- State the physical address of the new residence,
- Provide the date of the intended move,
- Explain the reasons for relocation (e.g., job offer, family support),
- Propose a revised time-sharing schedule, and
- Detail transportation arrangements for the child.
The petition must be served on the other parent, who then has 20 days to file a written objection. If no response is filed, the court may grant the request without a hearing. If an objection is filed, the matter will proceed to mediation or trial. A Tampa divorce attorney can help ensure that all statutory requirements are met and can build a strong case for or against relocation.
Burden of Proof in Relocation Cases
In contested relocation cases, the parent seeking to move carries the initial burden of proving that the relocation is in the child’s best interest. This is a fact-specific inquiry and not a default right. The court then weighs a variety of factors to determine whether the move should be permitted. After the initial showing, the burden shifts to the opposing parent to demonstrate why relocation is not in the child’s best interest.
The stakes are high in these cases, and the legal arguments must be carefully constructed. A Tampa divorce attorney plays a key role in gathering evidence, presenting witnesses, and framing legal arguments to meet this burden.
Statutory Factors Courts Consider
Florida Statutes §61.13001(7) outlines the factors courts must consider in relocation cases, including:
- The nature and quality of the child’s relationship with both parents and others involved in the child’s life.
- The impact of relocation on the child’s development, education, and emotional well-being.
- The feasibility of maintaining the relationship between the child and the non-relocating parent through substitute time-sharing.
- The child’s preference, if appropriate based on age and maturity.
- Whether the relocation is being sought in good faith.
- The economic and educational opportunities available in the new location.
- Any history of substance abuse or domestic violence.
Each case is unique, and courts have broad discretion. A Tampa divorce attorney must present tailored evidence and arguments tied directly to these factors.
Common Justifications for Relocation
Parents may seek relocation for many reasons, including:
- Employment Opportunities: A new job or promotion that increases income or stability.
- Family Support: Being closer to extended family for childcare or emotional support.
- Education: Access to better schools or specialized educational programs.
- Healthcare: Moving to access specialized medical care for the child or parent.
These reasons must be genuine and supported by evidence. Courts scrutinize the motive behind the move, particularly when it appears to interfere with the other parent’s access to the child. A Tampa divorce attorney can help demonstrate the legitimacy and benefits of the proposed relocation.
Challenging a Relocation Request
The parent opposing relocation must articulate why the move would negatively affect the child. Common arguments include:
- The move will disrupt the child’s school, friendships, or support system.
- The time-sharing plan is no longer workable due to distance.
- The child has a closer relationship with the non-relocating parent.
- The relocating parent is acting out of spite or to interfere with the other parent’s rights.
A Tampa divorce attorney can prepare a detailed objection and present persuasive evidence to protect the existing custody arrangement.
Temporary Relocation Requests
Sometimes, a parent seeks to relocate before a final hearing is held. Florida courts may grant temporary relocation in limited circumstances, such as:
- Imminent job opportunities,
- Emergency health concerns,
- Military deployment.
However, courts are cautious and will require strong justification. The parent seeking temporary relocation must demonstrate that the child’s best interest is served by allowing the move on a temporary basis. A Tampa divorce attorney can request expedited hearings and present compelling reasons for or against a temporary move.
Modifying Parenting Plans After Relocation
If relocation is granted, the existing parenting plan must be modified to accommodate the new circumstances. This typically includes:
- Revised time-sharing schedules (e.g., longer summer or holiday visits),
- Adjustments to parental communication protocols,
- Cost-sharing for travel and transportation,
- Remote communication methods like video calls.
The goal is to preserve the child’s relationship with both parents despite the distance. A Tampa divorce attorney can draft or review the modified parenting plan to ensure it complies with the court order and minimizes future disputes.
Relocation and Virtual Time-Sharing
Technology now plays a critical role in relocation cases. Courts increasingly recognize virtual time-sharing through platforms like Zoom, FaceTime, or Skype as partial substitutes for in-person contact. Parenting plans may include:
- Minimum weekly video call requirements,
- Supervised or unsupervised digital communication,
- Timeframes for virtual contact during school weeks and vacations.
While virtual contact does not replace physical time-sharing, it can maintain parent-child bonds across distance. A Tampa divorce attorney can advocate for a robust virtual contact plan that fits the child’s needs.
Military Families and Relocation
Military parents face unique relocation challenges. Assignments, deployments, or Permanent Change of Station (PCS) orders may require a parent to move with little notice. Florida law provides some accommodations for military families, including:
- Temporary time-sharing modifications during deployment,
- Protection against negative custody determinations based solely on deployment,
- The ability to designate another family member to exercise time-sharing rights.
These protections aim to balance the demands of military service with parental rights. A Tampa divorce attorney familiar with military family law can help navigate these special issues.
Relocation and Modification of Child Support
Relocation can affect child support in several ways. If the move results in:
- A change in the amount of time each parent spends with the child,
- Additional expenses for transportation or lodging,
- A change in the child’s financial needs,
then a modification of child support may be appropriate. The court will recalculate support based on the new parenting plan, incomes, and expense allocations. A Tampa divorce attorney can file or defend against support modification requests arising from relocation.
Consequences of Unauthorized Relocation
A parent who relocates without court approval or consent may face serious legal consequences, including:
- Contempt of court,
- Modification of custody in favor of the non-relocating parent,
- Criminal charges under parental kidnapping laws,
- Loss of credibility in future proceedings.
Florida courts take unauthorized relocation very seriously. A Tampa divorce attorney can initiate enforcement proceedings and seek emergency relief if a child is relocated without permission.
Relocation in High-Conflict Custody Cases
In high-conflict cases, relocation becomes even more volatile. Hostile co-parenting dynamics, ongoing litigation, and inconsistent communication can make relocation feel like a battlefield. In these cases, the court may:
- Appoint a guardian ad litem to represent the child’s best interests,
- Order psychological evaluations,
- Require supervised visitation pending resolution.
The assistance of a Tampa divorce attorney is vital in high-conflict relocation disputes. Strategic planning, thorough documentation, and persuasive legal arguments are essential to protecting both parental rights and the child’s welfare.
Frequently Asked Questions (FAQ)
Do I need court permission to move with my child after divorce?
Yes. If the move is more than 50 miles and lasts more than 60 days, you must either get written consent from the other parent or file a petition with the court. A Tampa divorce attorney can guide you through this process.
Can my ex stop me from relocating with our child?
Yes, if your ex objects within 20 days of being served with the relocation petition, the court must hold a hearing to decide the issue. A Tampa divorce attorney can help you present or defend against relocation requests.
What if the other parent doesn’t respond to the relocation petition?
If no response is filed within 20 days, the court may approve the relocation without a hearing. It is still important to follow all legal requirements. A Tampa divorce attorney ensures the proper procedure is followed.
How does relocation affect time-sharing schedules?
Relocation often requires a revised parenting plan with new time-sharing arrangements and transportation logistics. A Tampa divorce attorney can draft a modified plan that complies with the court’s order.
Can my child choose to move with me?
The court may consider the child’s preference if they are mature enough, but the decision ultimately depends on the child’s best interest. A Tampa divorce attorney can advise on how to present the child’s views appropriately.
What happens if I move without permission?
Unauthorized relocation can result in contempt charges, loss of custody, or even criminal prosecution. You must follow the legal process. A Tampa divorce attorney can file emergency motions to prevent or respond to unauthorized moves.
How long does it take to get a relocation decision from the court?
The timeline depends on whether the request is contested. If both parents agree, it can be quick. If contested, it may take several months and require mediation or trial. A Tampa divorce attorney can help expedite the process where appropriate.
Can I relocate temporarily while waiting for the court’s decision?
Courts may grant temporary relocation in urgent cases, but strong justification is required. A Tampa divorce attorney can help file for temporary relief with supporting evidence.
Does relocation affect child support payments?
Yes. If time-sharing changes or expenses increase due to relocation, the court may modify child support. A Tampa divorce attorney can assist with calculating and requesting appropriate adjustments.
Can virtual visitation replace in-person time-sharing?
Courts recognize virtual visitation as a supplement, not a substitute. It can help maintain relationships, especially when distance limits physical contact. A Tampa divorce attorney can propose a detailed virtual visitation plan.
The McKinney Law Group: Personalized Divorce Planning for Tampa Residents
No two divorces are alike. At The McKinney Law Group, we provide custom legal strategies tailored to the goals and concerns of each client. If you’re facing divorce in Tampa, we’ll help you move forward with a plan that fits your life.
We assist with:
✔ Short- and long-term planning for finances and custody
✔ Helping you gather the right documents and information
✔ Negotiating parenting plans, support, and settlements
✔ Filing and finalizing your divorce in Hillsborough County
✔ Answering your questions with care and professionalism
Call 813-428-3400 or email [email protected] to schedule your personalized consultation.