Can I Move With My Child? What Florida Law Says About Relocation

In this article, you will discover:

• The definition of “relocation” under Florida’s child custody laws.
• Whether you need court approval in Florida to relocate with a child.
• Factors the court considers when deciding child relocation cases.

What Qualifies As A “Relocation” Under Florida Child Custody Law?

A relocation in Florida means that you’re moving more than 50 miles from your current residence for at least 60 consecutive days or permanently. This move would not be a temporary absence from your residence, such as a vacation.

Do I Need Court Approval In Florida To Relocate With A Child?

Court approval depends on the circumstances. You may need court approval if the divorce action is in the initial petition or initial filing stages with the court. You will need court approval after:

• The court has taken jurisdiction
• There’s been an entry of a final judgment of dissolution of marriage
• There’s been an entry of paternity, which includes a parenting plan

Once you have a parenting plan in place, the relocation statute kicks in fully, 100%. Specifically, if you want to move after a final judgment and there’s a parenting plan, you must either have an agreement for relocation or seek court approval.

Attorney Eve McClurg is a skilled family law attorney based in Fort Myers, Florida, who has helped countless clients just like you navigate the intricacies of family law. With years of experience, she is prepared to assist you in handling a child relocation dispute in a way that servces the best interests of your child.

Still have questions? Ready to get started? Contact The Law Offices of Eve McClurg, PA, today to schedule an initial consultation.

What Happens If The Other Parent Objects To The Relocation Request?

If the other parent rejects or denies your consent to relocate, you must file a petition to relocate. By statute, the petition must include highly specific language. That’s why it’s crucial to contact an attorney to ensure that your petition includes it.

If your petition lacks that language, the courts can dismiss your petition at trial on a directed verdict because you failed to use the proper language.

What Factors Do Florida Judges Consider When Deciding Child Relocation Cases?

Courts will consider the best interests of the child, specifically 21 factors, in entering a timesharing plan. In addition, they’re going to look at the specific factors enumerated in the petition for relocation.

Some of those factors relate to the nature, quality and duration of the relationship between the child and both parents, siblings or half-siblings. Courts also consider the child’s age and developmental stage, as well as the impact that the relocation will have on the child.

Courts also consider the feasibility of preserving the child’s relationship with the non-relocating parent and other relationships the child may have in the home state.

Notes From The Field: How Can A Family Law Attorney Help With A Contested Relocation Case?

The Petition for Relocation Statute is very specific. You have to file not only according to the rules set forth in statute, but you also have to present the evidence that the court is looking for to determine whether your relocation should be granted.

We not only gather evidence to support that the relocation is in the best interest of the child, but we also review your testimony as it relates to the best interest factors and the factors set forth in the Florida statute.

That’s why, if you’re not represented by an experienced attorney such as myself, your petition may not be granted. You haven’t been adequately prepared, and you don’t know how to submit the evidence properly.

Still Have Questions? Ready To Get Started?

For more information on child relocation and Florida law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.