Relocating with Children After Divorce in Florida
Life after divorce often brings change—new jobs, relationships, or the desire to start fresh somewhere new. But if you share custody of your children, relocating isn’t as simple as booking a moving truck. Florida law sets specific rules for parents who wish to move more than 50 miles away with their children, and failure to follow those rules can result in legal consequences.
At Gisondo Law, we understand how emotionally charged and legally complex relocation cases can be. Whether you’re seeking to move or challenging a co-parent’s move, here’s what you need to know.
What Is Considered a “Relocation” in Florida?
In Florida, “relocation” means a move of more than 50 miles from the current residence for 60 days or longer. This rule applies whether you’re moving across the state or out of state, and it applies to any parent with shared parental responsibility or time-sharing rights.
Even if you are the primary residential parent, you cannot move this distance without following the proper legal process.
Court Approval or Written Agreement Is Required
There are two legal pathways to relocation:
- Mutual Agreement: If both parents agree to the move, they must sign a written agreement that includes a new time-sharing plan and transportation arrangements. The court will usually approve this agreement without a hearing.
- Petition to Relocate: If the other parent does not agree, the parent seeking to move must file a Petition to Relocate. This petition must include detailed information about the move, including:
- The new address
- Reason for relocation
- Proposed revised parenting plan
The non-relocating parent then has 20 days to object. If they do, the court will hold a hearing to determine if the relocation is in the best interests of the child.
How the Court Decides
Relocation cases in Florida hinge on what serves the child’s well-being. The court evaluates several factors, including:
- The child’s relationship with both parents
- Educational and emotional impact of the move
- The reason for relocation (job offer, family support, etc.)
- The ability of both parents to maintain a close bond
- The logistics and cost of travel for visitation
No single factor outweighs the others; the court reviews the totality of circumstances.
Penalties for Unauthorized Moves
Relocating without court permission or mutual agreement is a serious offense. You may face:
- Contempt of court
- Modification or loss of custody rights
- An emergency court order to return the child
If you’re thinking about moving—or believe your co-parent might do so without permission—it’s essential to act quickly.
Work with an Experienced Relocation Attorney
Whether you’re seeking approval to relocate or trying to prevent an unauthorized move, legal guidance is key. Gisondo Law has extensive experience in family law matters, including custody modifications and relocation petitions. We serve clients in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Hillsborough, and Orange Counties.
Visit our Child Custody and Post Judgment Modification pages to learn more or contact us directly to schedule a confidential consultation. Our website is https://gisondolaw.com. To schedule an appointment for a free, in-office, initial consultation please call 561-530-4568.