Updated January 16, 2026
Case Snapshot
The Third District affirmed a temporary order that allowed a father to relocate two minor children from the Florida Keys to South Carolina, pending a final hearing. The trial court relied on a detailed best-interests analysis, prior findings about the children’s stability with the father, and the father’s attempt at compliance with section 61.13001(3)(a)(6). The mother filed an objection outside the statutory 20-day window. The appellate court found competent, substantial support for the temporary placement with the father and rejected the mother’s statutory challenges. The order stands.
A Tampa divorce lawyer can draw several clear lessons. Best-interests findings matter on temporary relief. A relocation petition needs a post-relocation schedule proposal, but a pro se parent can meet the statute with a concrete, workable proposal anchored in an existing plan. A late objection creates risk. A court may still weigh best interests, but a late objection weakens the challenger’s footing from the start.
What the court actually decided
The final judgment in 2022 recognized both parents as active-duty Coast Guard members. The court expected flexibility. The children lived with the father in the Keys since birth. In March 2024, the court denied the mother’s move to Jacksonville after weighing section 61.13001 factors. The court found no family in Jacksonville, no proven flexibility from the mother’s employer, and a strong, stable, blended family unit in the father’s home. The court also noted that a near-term military posting for the father could arise in the Southeast.
Military orders then reassigned the father to Charleston. The father filed a supplemental petition that cited the recent parenting plan with 305 overnights in his favor. He proposed maintenance of the existing time-sharing structure, with a new residence in South Carolina. The mother filed an objection outside the 20-day statutory period and sought to prevent any out-of-state removal.
The trial court granted temporary relocation. The order rested on an express best-interests analysis, a reduction in driving distance between households by several hours, and the earlier conclusion that the children’s needs were better served in the father’s stable, blended family. The court encouraged long-distance parenting plan work through mediation. The Third District affirmed. The court distinguished a case where a petition lacked any post-relocation plan. Here, the father anchored his proposal in an existing 305-overnight plan and asked the court to maintain it. The court also noted the mother’s late objection under section 61.13001(3)(a)(7). The statute permits allowance of relocation without further notice and without a hearing when a parent fails to object within 20 days, unless the move fails the best-interests test. The trial court did not rely on default alone. The court reached a best-interests conclusion on a robust record. Any timing error would have been harmless based on those findings.
A Tampa divorce lawyer can slot this holding into live cases immediately. Courts will expect a concrete plan, prompt objections, and a record that supports a stable placement that serves the child’s interests.
The statutory core that controls temporary relocation
Section 61.13001 governs relocation. Several parts mattered here.
- Petition content. A relocating parent must file a petition that includes the city and state of the new residence, a date for the move, specific reasons for the move, and a proposal for post-relocation time-sharing and transportation.
- Objection window. A non-relocating parent has 20 days to file a written objection. The statute prints this warning in capital letters. No timely objection can allow the court to permit relocation without further notice and without a hearing, provided best interests support the move.
- Best interests. The statute lists factors. Stability, developmental needs, logistics, history of involvement, employment realities, and family support weigh heavily. No single factor controls every dispute. A trial judge must weigh the whole picture.
- Temporary orders. Courts can issue temporary relief to keep children safe and stable while a full hearing remains pending. Judges still must ground temporary relief in best interests.
The father’s petition came from a pro se litigant. The petition referenced the April 2024 parenting plan with 305 overnights. The father proposed maintenance of that plan. The Third District accepted that proposal as a sufficient attempt at compliance with section 61.13001(3)(a)(6). A proposal that rests on a recently adopted plan can meet the statute, especially when the court already placed the children with that parent based on stability and continuity.
A Tampa divorce lawyer should still build a tailored long-distance plan for each case. Courts value detail: exchanges, costs, virtual contact windows, holiday splits, and summer segments.
In our Tampa practice, we often represent service members at MacDill Air Force Base who receive ‘short-notice’ orders that conflict with the 20-day statutory objection window. While Lawler v. Lawler shows that a best-interests analysis can sometimes override a missed deadline, relying on judicial discretion is a high-risk strategy. We’ve found that the most effective way to secure a temporary relocation order is to file a ‘Petition for Temporary Relocation’ simultaneously with the main petition, backed by a certified copy of the service member’s orders and a pre-drafted travel itinerary to the new duty station.
Why best-interests findings carried the day
The trial court wrote a careful order. Several points drove the analysis.
- The children had lived with the father since birth.
- The father’s home had a blended family that provided stable care.
- The mother had no family in Jacksonville.
- The mother’s work history showed international travel, with no reliable employer documentation that travel assignments were optional.
- The reassignment to Charleston reduced the distance between households by roughly 300 miles. Travel time dropped by four to five hours.
- The court saw increased opportunities for the mother’s involvement with less road time and more reasonable exchanges.
This approach matched the statute. Judges do not rank parents by rank or branch of service. Judges assess the practical life of a child. A stable home, predictable school life, and a practical schedule often carry significant weight. A Tampa divorce lawyer can guide service members and co-parents through this framework without wasted steps or missed deadlines.
Deadlines can shape outcomes
The mother filed her objection after the 20-day window. The statute warns parents about that deadline in bold capital letters. The Third District did not affirm on default alone. The panel affirmed after a best-interests review. That point still sets a clear warning. A late objection weakens a challenger’s footing. A timely objection preserves leverage. A parent who misses the window invites a temporary order that relies on the written record.
A Tampa divorce lawyer should file an objection immediately after service. The objection can reserve rights, request a hearing, and set a path for mediation. Speed protects children and preserves options.
Lessons for military families
Military orders create real constraints. Courts respect orders that leave no room for negotiation. The father gave notice, cited the new posting, and pointed to a previously adopted plan with 305 overnights. He did not ask for a wholesale rewrite. He asked for maintenance of the existing allocations in a new city. The court had already determined that placement with the father served the children’s needs. The move lowered travel burdens and encouraged more contact with the mother. That combination aligned with best interests.
A Tampa divorce lawyer who represents service members can streamline filings with a tight package: orders, reporting date, duty station, school calendar fits, exchange locations, and cost responsibility. A parent on orders gains credibility with detail and transparency.
Drafting a relocation petition that can withstand scrutiny
Strength grows from clarity. The following elements reduce friction.
- Full address or at least city and state, with zip code when available.
- Reporting date or move date.
- Orders or employer letter that sets the relocation requirement.
- School mapping. Show zones, program availability, and special services.
- Housing details. Identify neighborhood and proximity to school and medical care.
- Post-relocation schedule proposal that includes weekday rhythm, weekends, holidays, extended breaks, and exact exchange points.
- Travel costs allocation. Spell it out.
- Virtual contact cadence. Name days and times.
- Medical and therapy continuity plan. Include provider list and appointment transfer plan.
- Mediation availability. Offer dates and desired mediator lists.
A Tampa divorce lawyer can build that whole package fast. A thorough petition reduces doubts and invites a prompt, favorable temporary order.
How to frame a timely objection with substance
A fast objection helps, but substance wins. Include these components.
- Denial and factual counterpoints, not just conclusions.
- Competing schedule with concrete exchange points.
- School comparison with real data.
- Therapist or physician letters when special needs exist.
- Travel load analysis that shows burdens on the child, not only on the parent.
- History of involvement with examples: school drop-offs, lab visits, IEP meetings, coaching, and tutoring.
- Evidence of logistics that preserve both households’ meaningful contact.
A Tampa divorce lawyer should file the objection quickly, then seek limited discovery and a prompt hearing. Delay can turn a temporary placement into the practical baseline.
Evidence that moves judges
Judges see patterns. Useful evidence often shares these traits.
- Short, precise affidavits from teachers, counselors, and pediatricians.
- Screenshots of school portals with grades and attendance.
- Google Maps snapshots with miles and time for exchanges.
- Airline schedules and sample fares if flights are likely.
- Copies of military orders or employer letters with reporting dates.
- A one-page calendar that takes the court through one full year under the proposed plan.
- Cost tables for travel, divided by parent, with totals for the year.
A Tampa divorce lawyer can bundle these materials into a single exhibit book with tabs. Judges appreciate structure and brevity.
Pitfalls that sink relocation cases
Common errors repeat in courtrooms across Florida.
- A petition that offers no concrete post-relocation schedule.
- Silence on transportation costs.
- No school mapping or special-services plan.
- Assumptions about employer flexibility without proof.
- Late objections with no explanation and no counter-proposal.
- Accusation-heavy filings with little neutral documentation.
A Tampa divorce lawyer avoids those traps with disciplined drafting, early evidence collection, and respectful advocacy.
Mediation that actually works in long-distance cases
A long-distance plan can support both homes without chaos. Durable solutions often share these features.
- A predictable holiday rotation that repeats every two years.
- Long summer blocks that give the non-primary parent quality time.
- A fixed virtual contact window with set days and times.
- Equalization weekends that offset school-year lopsidedness.
- Shared travel costs with a fair split.
- A rule that flight legs under a set duration require direct routes when possible.
- One primary exchange airport to limit confusion.
A Tampa divorce lawyer can pre-draft a long-distance addendum. Mediation then becomes a focused edit, not a blank-page negotiation.
Writing temporary orders that survive appeal
Appellate panels look for several anchors.
- A clear best-interests analysis that cites concrete facts in the record.
- A finding about stability, continuity, and school needs.
- A statement about logistics and travel loads.
- Reference to petition content that matches statutory requirements.
- If an objection came late, a note about the statute, followed by an independent best-interests analysis.
- A nudge toward mediation for a long-distance plan.
A Tampa divorce lawyer can submit a proposed order that tracks these points. Judges often welcome a clean draft that reflects the hearing.
How this decision maps onto Tampa cases
Tampa families face frequent relocations from MacDill, Coast Guard assignments, airline base moves, and health-system transfers across the Southeast. Courts in Hillsborough and the surrounding circuits will recognize the logic in Lawler. A parent on orders can seek temporary placement with a concrete plan and a record of stability. A challenger must object on time and present a real alternative with evidence, not rhetoric. The best interests of the child will remain the north star.
A Tampa divorce lawyer can use this case to explain outcomes with candor. Some moves will proceed on temporary relief with a strong record. Other moves will stall without a solid plan and proof.
Practice checklist for relocation or objection
- File the petition or objection on day one.
- Serve the other side and calendar the 20-day deadline in three places.
- Draft a one-page schedule grid for the year.
- Attach a cost table for travel.
- Collect school and therapy documentation before the first hearing.
- Offer mediation dates.
- Bring a proposed temporary order to court.
A Tampa divorce lawyer who follows this checklist can streamline hearings and protect children from avoidable turbulence.
Crafting a compassionate message for the child
Parents often ask how to talk with children about a move. Courts cannot script those talks, but a steady approach helps. Clear statements about school, bedtime, video calls, and visits offer reassurance. A unified message leaves fewer unknowns. Judges value parents who show respect for the other home.
A Tampa divorce lawyer can coach parents on practical scripts and logistics that support both relationships.
Key takeaways
- Best-interests findings drove the result. Stability with the father and a blended family mattered. Reduced travel time opened more contact with the mother.
- The father attempted statutory compliance with a concrete plan that referenced a recent 305-overnight order. That approach passed muster.
- The mother filed a late objection. The statute allows relocation after a default, subject to best interests. The trial court still performed a best-interests analysis. The appellate court affirmed on that ground.
- Temporary orders can grant relocation when the record shows stability and a workable plan.
- Detailed proposals, fast objections, and respectful mediation work better than brinkmanship.
A Tampa divorce lawyer can turn these lessons into action items that protect children and reduce conflict.
Florida’s relocation laws are among the most rigid in the country, and the outcome of your case often depends on the quality of your post-relocation parenting plan. To ensure our clients’ filings meet 2025/2026 standards, we verify every petition against the specific requirements of Section 61.13001, including detailed transportation cost allocations and virtual visitation schedules. Because a single missing detail in a relocation petition can result in an immediate dismissal or an ‘Automatic Stay’ of the move, we recommend a professional review of your military orders and proposed residence before you file your formal notice.
Frequently Asked Questions
Does a parent lose a relocation challenge after a late objection?
Not always. A court still must consider best interests. A late objection creates risk and lowers leverage. A timely objection remains the safer path.
What counts as a compliant post-relocation schedule under section 61.13001?
A schedule that names days, exchanges, transportation, costs, virtual contact, and holiday rotations. A proposal that rests on an existing and recent plan can work when it fits the new distance.
Can a court grant temporary relocation without a live hearing?
Yes in some circumstances. The statute permits allowance without further notice and without a hearing after an untimely objection, provided best interests support the move. Many judges still prefer hearings. A detailed record can support a written temporary order.
How much weight does the court give military orders?
Orders carry real weight. Orders explain the reason for a move and set timelines. That fact does not end the analysis. Best interests still control. A parent with orders gains credibility with a detailed child-focused plan.
What evidence helps most in a relocation petition?
Orders or employer letters, address data, school mapping, therapy continuity, exchange points, travel costs, and a one-year calendar. Short affidavits from neutral professionals help as well.
Does a parent need a brand-new plan for long distance?
Not in every case. A court can accept a proposal that maintains the current allocation if it still serves the child’s needs after the move. Many cases still benefit from a tailored long-distance addendum.
Can a court deny a relocation that shortens the distance between homes?
Yes if the move harms stability or undercuts the child’s developmental needs. Shorter distance helps, but stability and continuity still carry significant weight.
What if a parent believes the other parent may withhold contact after a move?
Bring proof, not suspicion. Request enforcement provisions, penalty clauses for missed exchanges, and clear virtual contact windows. Courts enforce clear orders more easily than vague promises.
How should parents handle travel costs in a long-distance plan?
Split costs with a clear percentage or set a mileage formula. Name the exchange airport. Fix a booking window. Precision reduces disputes.
When should someone hire a Tampa divorce lawyer for a relocation case?
Right away. A fast objection can decide momentum. A detailed petition can shape a temporary order. A Tampa divorce lawyer can meet deadlines, build evidence, and frame a plan that a judge can adopt with confidence.
If you face a relocation dispute, your choices in the first 20 days can shape the entire case. A Tampa divorce lawyer at The McKinney Law Group can file on time, craft a concrete schedule, and present a child-focused record that earns trust with the court.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.