Relocating after a divorce can be both an exciting and stressful experience, especially when children are involved. Imagine you receive a great job offer or an opportunity to live closer to family—but it’s out of town, and you share custody with your ex. You might wonder, “Can I move with my child?” Florida law places strict rules on parental relocation, and failing to follow the proper steps could result in significant legal consequences. Here’s what you need to know about moving after a divorce in Florida.
What Counts as Relocation Under Florida Law
According to Florida Statute § 61.13001, a move counts as “relocation” if it involves a change in residence that is 50 miles or more away from your current home and is planned for at least 60 consecutive days. This applies regardless of whether you’re the primary residential parent or not.
It’s important to note that even a temporary relocation (like a job assignment or short-term family obligation) may trigger the legal requirements if it lasts more than 60 days or involves a significant distance. Florida has a broad definition of relocation, and the law is designed to protect both parents’ and children’s rights.
When You Can Relocate Without Court Approval
In some cases, relocation can be accomplished without requiring court approval, provided a mutual agreement is in place. If you and the other parent—or anyone else with timesharing rights—agree in writing to the move, no petition to the court is needed. However, for the agreement to be legally binding, it must:
- Be signed by both parents (or anyone else with timesharing rights).
- Include consent for the relocation.
- Provide a revised timesharing schedule that works for both parents.
- Include transportation arrangements for visits and exchanges.
Once agreed upon, the relocation agreement should be filed with the court to obtain official approval. This process helps ensure that the new arrangements are enforceable and legally recognized.
When Court Approval Is Required
If there is no agreement between parents regarding the relocation, you must file a Petition to Relocate with the court. This petition serves as an official request for permission to move with your child, and it must be served to the other parent. The petition must include the following details:
- Your new address and the location of your new residence.
- Reasons for the move, such as a job offer, family needs, or other circumstances.
- Proposed timesharing arrangement following the move.
- If relevant, details of any job offers or professional opportunities related to the relocation.
The court will then schedule a hearing, and both parents will have the opportunity to present their arguments. The court will ultimately decide whether the move is in the best interest of the child.
What the Court Considers
When determining whether to approve a relocation request, Florida courts consider various factors, with the child’s best interests at the forefront. Key considerations include:
- The child’s relationship with each parent: The court will assess how the move will impact the child’s emotional and developmental needs.
- The age and needs of the child: Younger children may be more impacted by relocation, and older children may have more input into the decision.
- Impact on education and activities: Relocation might disrupt the child’s schooling, extracurricular activities, and social connections.
- Relationship with extended family: The court will weigh the importance of the child’s connection to extended family members, especially if the move will limit this relationship.
- The reasons for and against relocation: Courts assess the legitimate reasons for the move, such as a better job or improved living conditions, and weigh them against the potential harm to the child.
- Each parent’s willingness to maintain the child’s relationship with the other parent: The court favors a parent who is willing to support the other parent’s involvement in the child’s life, even after the move.
Consequences of Moving Without Approval
Moving with your child without the necessary approval can lead to severe legal consequences. If you relocate without following the proper steps:
- You could be found in contempt of court, which can result in penalties, including fines or jail time.
- The court may modify the custody order and require the child to return to Florida.
- Your future custody requests may be negatively impacted, as courts may view non-compliance as a disregard for the child’s best interests and the other parent’s rights.
Relocating without approval can damage your credibility and complicate future co-parenting arrangements. It’s crucial to follow the law to avoid long-term harm to your custody rights.
Tips for a Smoother Relocation Process
If you’re planning a relocation after a divorce, following the proper legal process can make the transition smoother for both you and your child. Here are a few tips to help:
- Give notice early: The earlier you inform the other parent of your plans, the better. This allows both parents time to discuss the relocation and reach a mutual agreement.
- Keep communication open: Be clear and honest about your reasons for relocating and the changes you expect. Open communication reduces tension and increases the likelihood of cooperation.
- Provide detailed visitation and travel plans: The more specific you can be about how you plan to maintain the relationship between your child and the other parent, the better. This includes travel arrangements for visitation and holiday schedules.
- Maintain a positive co-parenting approach: Even if the relocation is contentious, try to approach the situation with a cooperative mindset. Working together for the benefit of the child can improve your chances of a successful relocation.
Protecting Your Parental Rights During Relocation
Relocating with a child after divorce is a complicated process governed by strict legal rules in Florida. To avoid potential legal issues and ensure a seamless transition, it’s crucial to understand the relevant laws and follow the necessary steps. Whether you are able to relocate with or without court approval, the key is clear communication, proper documentation, and a focus on your child’s best interests.
Before making any relocation plans, it’s highly advisable to consult with an experienced Orlando family law attorney. They can guide you through the legal requirements, help you understand your rights, and ensure that the process goes as smoothly as possible.
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