Understanding Florida's Relocation Statute
When a parent with time-sharing rights wants to move a significant distance with a child after divorce, Florida law imposes strict requirements designed to protect the child's relationship with both parents. These rules apply whether the move is across the state or across the country.
Florida Statute 61.13001 governs relocation cases and establishes the procedures, notice requirements, and standards courts use to evaluate relocation requests.
What Qualifies as a Relocation
Not every move triggers the relocation statute. Under Florida law, a relocation is defined as a change in the location of the principal residence of a parent or other person that is at least 50 miles from the principal residence at the time the last order establishing or modifying time-sharing was entered, for a period of at least 60 consecutive days, not including temporary absences for vacation, education, or health care.
This definition means:
- A move of 49 miles does not trigger the relocation statute, though it may still warrant a modification of the parenting plan
- Temporary moves for military deployment, medical treatment, or education do not constitute relocation under the statute
- The 50-mile measurement is from the principal residence designated in the most recent court order, not from the other parent's home
Consent: The Simplest Path
If both parents agree to the relocation, they may enter into a written agreement that includes:
- The new address and contact information of the relocating parent
- A revised time-sharing schedule that accommodates the new distance
- Transportation arrangements for the child, including the allocation of costs
The signed agreement must be submitted to the court and incorporated into a modified court order. A relocation without court approval, even if informally agreed upon, leaves the relocating parent vulnerable to enforcement actions.
Written Notice Requirements
If the relocating parent does not have the other parent's written consent, the statute requires that a formal written notice be served on every person entitled to time-sharing or access under the existing court order.
The notice must include:
- The intended new residence, including the specific address (if known) and phone number
- The date of the intended move
- A detailed statement of the specific reasons for the proposed relocation
- A proposed revised time-sharing schedule and transportation arrangements
- A statement that the other parent must file an objection within 30 days of service or the relocation will be permitted
This notice must be served by certified mail, return receipt requested, or in the same manner as a pleading in a civil action.
Objecting to the Relocation
The non-relocating parent has 30 days from the date of service of the notice to file a verified objection with the court. If no objection is filed within the 30-day period, the relocation is deemed permitted without further court proceedings, and the court will modify the time-sharing schedule accordingly.
If an objection is timely filed, the relocating parent must then file a Petition to Relocate with the court, and no relocation may occur until the court rules on the petition or grants temporary permission.
Factors the Court Considers
When evaluating a contested relocation petition, the court considers numerous factors under Florida Statute 61.13001(7), including:
- The nature and quality of the child's relationship with each parent, siblings, and other significant persons
- The age and developmental stage of the child, including the child's need for stability
- The feasibility of preserving the relationship between the non-relocating parent and the child through substitute time-sharing arrangements
- The child's preference, considering the child's age and maturity
- Whether the relocation will enhance the general quality of life for both the parent and the child, including financial improvement, emotional benefit, and educational opportunities
- The reasons each parent has for seeking or opposing the relocation
- The career and employment opportunities available to the non-relocating parent in the new location
- The current employment and economic circumstances of each parent
- Whether the proposed relocation is made in good faith, and whether the objection is made in good faith
- The history of substance abuse or domestic violence by either parent
- Any other relevant factor affecting the best interests of the child
Burden of Proof
The allocation of the burden of proof depends on the existing time-sharing arrangement:
- If the relocating parent has the majority of time-sharing, the non-relocating parent bears the burden of proving that the relocation is not in the best interests of the child
- If the parents have substantially equal time-sharing, or if the non-relocating parent has the majority, the relocating parent bears the burden of proving that the relocation is in the best interests of the child
Understanding which party bears the burden of proof is critical, as it shapes the entire litigation strategy.
Unauthorized Relocation
Relocating without complying with the statute's notice and petition requirements carries serious consequences:
- The court may order the child returned to the original location immediately
- The unauthorized relocation is a factor the court may consider in any subsequent custody or time-sharing determination
- Contempt of court sanctions may be imposed, including attorney's fees
- It may negatively affect the relocating parent's credibility and standing in future proceedings
Florida courts take unauthorized relocation seriously, viewing it as a unilateral disruption of the other parent's time-sharing rights.
Practical Preparation for a Relocation Case
Whether you are seeking to relocate or opposing a relocation, thorough preparation is essential:
- Document the reasons for the proposed move with specificity -- job offers, family support, educational opportunities
- Develop a detailed proposed time-sharing schedule that demonstrates a good-faith effort to maintain the child's relationship with the non-relocating parent
- Address transportation logistics and propose a fair allocation of travel costs
- Gather evidence regarding the child's current community connections, school performance, and relationships
- Consider the child's perspective and how the move will affect their daily life, friendships, and activities
Relocation cases are among the most contested in family law because they fundamentally alter the parenting dynamic. Early consultation with an experienced family law attorney practicing in the Fourth Judicial Circuit can help you understand your rights and obligations before taking any action.