Relocation cases can change a child’s school (think of school enrollment authority), parenting schedule (time-sharing), transportation, holidays, and relationship with both parents (this is jealously guarded by family courts). Whether you want to move with your child or you need to object to the other parent’s proposed move, you should speak with a family law attorney before taking action. Look to the relocation factors as your polestar.
Jacobs Law Firm represents parents in Orlando, Winter Park, Clermont, Orange County, Lake County, and throughout Central Florida in relocation cases involving divorce, paternity, parenting plans, time-sharing, and post-judgment modification. Relocation cases are hyper-technical and you need clear guidance.
Call 407-335-8113 to schedule a consultation with Orlando relocation Attorney Jonathan Jacobs.
Florida law defines relocation as a change in the principal residence of a parent or other qualifying person. The move must be at least 50 miles from the prior residence and last at least 60 consecutive days. Temporary absences for vacation, education, or health care are treated differently under the statute. In deciding where the 50 mile starting point is, family courts generally look to the last address filed with the court (usually within the parenting plan incorporated into the final judgment).
In practical terms, a relocation case often arises when one parent wants to move far enough away that the current parenting plan will no longer work. A move from Orlando to another part of Central Florida may or may not trigger the statute depending on the distance and facts. A move to another state often creates significant time-sharing and transportation issues.
If both parents agree to the relocation (called relocation by consent), Florida law allows them to sign a written agreement that reflects consent, defines the new time-sharing schedule, and addresses transportation arrangements when necessary. A long-distance time-sharing plan is typically needed. If there is an existing court case, judgment, or order involving the child’s residence or time-sharing, the parties generally need court ratification of the agreement.
A relocation agreement should be specific. It should address:
A vague relocation agreement can create future conflict and lead to a denial of your request. The goal is to build a practical long-distance parenting plan that the parents can actually follow and that will ensure (to the extent realistic) a continuous and meaningful post-relocation time-sharing schedule for both parents.
If the other parent does not agree, the relocating parent generally must file a petition to relocate (or a supplemental petition if there is already a final judgment) and serve it on the other parent and any other person entitled to access or time-sharing. The petition must include required information such as the intended new residence, mailing address if different, date of the move, specific reasons for relocation, and a proposed post-relocation time-sharing and transportation schedule.
If the relocation is based on a written job offer, the written job offer must be attached to the petition. A petition that does not include a proposed post-relocation schedule and transportation plan may be legally insufficient. Legally insufficient means your efforts will result in a denial. Follow the rules for the best outcome.
If you are served with a petition to relocate, you must act quickly. Florida law requires a written objection to be filed and served within 20 days after service of the petition. If no timely objection is filed, relocation may be allowed without further notice and without a hearing unless it is not in the child’s best interests.
An objection should explain the factual reasons you oppose the move. Common concerns include:
Do not wait until the move is already happening. Speak with an attorney as soon as possible.
A parent should not relocate with a child without following the statutory process (look to Florida Statute 61.13001), obtaining written agreement, or getting court approval when required. Florida law allows the court to consider unauthorized relocation in later parenting plan or time-sharing decisions, and the court may order the child’s temporary or permanent return, attorney’s fees, costs, and other remedies.
If the other parent has already moved with your child without consent or court approval, immediate legal action may be necessary. A lot depends on the timing of the move and whether a final judgment is already in place.
There is no automatic presumption for or against relocation when the move materially affects the current schedule of contact, access, or time-sharing. The parent seeking relocation has the burden of proving by a preponderance of the evidence that relocation is in the child’s best interests. If that burden is met, the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the child’s best interests.
The court may consider factors such as the child’s relationship with each parent, the child’s age and developmental needs, the feasibility of preserving the nonrelocating parent’s relationship, the reasons for the move, economic circumstances, good faith, substance abuse or domestic violence history, and other best-interest factors.
Relocation cases are evidence-driven. A parent seeking relocation may need evidence of a job offer, housing, school options, family support, cost of living, transportation plans, and how the move benefits the child. A parent opposing relocation may need evidence showing the child’s stability, the current parent-child relationship, school performance, travel burdens, and why the move would harm the child’s best interests.
Jacobs Law Firm helps parents involved in continuing custody cases prepare the evidence, organize the facts, and present a relocation position clearly in mediation or court.
If you are considering a move, responding to a relocation request, or dealing with an unauthorized relocation, contact Jacobs Law Firm before making decisions that could affect your parental rights.
Call 407-335-8113 today to schedule a consultation with Attorney Jonathan Jacobs.
How far can I move with my child in Florida?
Relocation generally becomes a statutory issue when the move is at least 50 miles from the prior principal residence and lasts at least 60 consecutive days. 49.9 miles straight as the crow flies is your limit! Be careful about the geography.
Can I move if the other parent agrees?
Possibly, but the agreement should be in writing and may need court ratification if there is an existing case or court order. Written agreements and court orders are not just formalities, they are requirements.
What if the other parent objects?
If the other parent timely objects, the relocating parent generally must obtain court permission before relocating with the child.
What happens if I miss the 20-day objection deadline?
Failing to timely object can allow relocation to proceed without further notice or hearing unless the court finds relocation is not in the child’s best interests. Follow the Rules!
Can the court order the child returned?
Yes. If a parent relocates without following the law, the court may order remedial relief, including return of the child, attorney’s fees, costs, or other remedies depending on the facts.