Relocating with Your Child After Divorce in Florida: What the Law Requires

Life changes after divorce. Job opportunities arise. Family support is somewhere else. A new relationship develops in another city. Whatever the reason, many divorced parents eventually want — or need — to move. But in Florida, relocating with your child is not simply a personal decision. It is a legal one, and getting it wrong can have serious consequences.

1. What Counts as "Relocation" Under Florida Law?

Florida Statute §61.13001 defines relocation as any move by a parent who has time-sharing with a minor child to a principal residence more than 50 miles from the current principal residence for more than 60 consecutive days — excluding temporary absences for vacation, education, or medical treatment. Even a move within Florida triggers these requirements if it exceeds 50 miles.

2. Two Paths: Agreement or Court Approval

Path 1: Written Agreement. If both parents agree to the relocation, you can document it in writing, have it signed, notarized, and filed with the court. This is the simpler path — but both parties must genuinely agree.

Path 2: Court Petition. If the other parent objects, you must file a Petition to Relocate. The judge will hold a hearing and decide whether relocation is in the child's best interests.

3. What Factors Does the Court Consider?

Florida courts evaluate specific factors under §61.13001(7), including:

• The nature and quality of the child's relationship with each parent
• The age and developmental stage of the child
• The feasibility of preserving the relationship with the non-relocating parent through a substitute time-sharing schedule
• The child's preference, if the court deems the child mature enough
• Whether the relocation will enhance quality of life for the relocating parent and the child
• Each parent's reasons for seeking or opposing relocation
• Employment and economic circumstances of each parent
• Whether the relocation is sought in good faith

4. The Burden of Proof

Florida law places the initial burden on the relocating parent to demonstrate that relocation is in the child's best interests. If met, it shifts to the non-relocating parent to show why the relocation would be detrimental.

5. What Happens If You Move Without Permission?

Moving without a written agreement or court order violates Florida law. Consequences can include an emergency order requiring the child's return, contempt of court, modification of custody against the relocating parent, and in some cases criminal charges for parental abduction.

6. How to Build a Strong Relocation Case

• Document the reason for the move — written job offer, better opportunity, family support network
• Develop a detailed substitute time-sharing proposal — show you've genuinely thought about the other parent's relationship
• Consider the child's school, activities, and social ties — and what equivalents exist at the new location
• Demonstrate the economic benefit — how improved finances benefit the child, not just you
• Keep your child in place while the petition is pending

7. How Yaffa Family Law Group Can Help

Relocation cases are among the most contested custody disputes in Florida. As a Board Certified family law specialist, Doreen Yaffa has successfully represented both parents seeking to relocate and parents fighting to keep their children nearby. Contact us for a confidential consultation before you make any moves — literally.