Relocation and Florida Law: Legal Support in Parental Relocation Issues
A parent’s move from Orlando to Tampa, Atlanta, South Florida, or another part of the country can change a child’s school, routine, family support, and relationship with the other parent. It can also turn an existing parenting plan into a document that no longer works.
A parental relocation attorney in Orlando can help you take steps before a planned move turns into a more complicated legal dispute. Not every change of address counts as parental relocation under Florida law. However, if the move meets certain distance and time rules, the parent who wants to move may need a written agreement or court approval. The other parent may also need to act quickly to raise any objections.
The Law Office of Erin Morse helps parents in Orlando and Central Florida handle relocation requests, objections, parenting plan changes, and contested relocation cases. We take a creative, aggressive, and personalized approach because relocation can affect a child’s life for years.
Call (407) 743-6059 or fill out our contact form to schedule a strategy session. We will review your situation and help you understand your options under Florida law.
Florida Parental Relocation Law Starts With the 50-Mile Rule
Florida’s relocation law does not apply to every move. Under Florida Statutes § 61.13001, relocation means a change in a parent’s principal residence, or another covered person’s principal residence, from the address used in the last time-sharing order or pending time-sharing case. The move must be at least 50 miles away and last at least 60 consecutive days. Temporary absences for vacation, education, or the child’s health care do not count.
That rule matters because one parent may view the intended move as a job transfer, remarriage decision, housing change, or family support issue. The court looks at what the move does to the child and to the other parent’s access, time-sharing, and parental rights.
A parent seeking relocation should not rely on informal permission. A text message, phone call, or vague conversation may not satisfy the legal process when the relocation statute applies.
When Parents Agree to the Proposed Relocation
Florida law allows parents and every other person entitled to access or time-sharing with the child to resolve relocation by written agreement. The written agreement must show consent to the relocation, define the revised access or time-sharing schedule for the non-relocating parent and any other covered person, and describe necessary transportation arrangements when needed.
If an existing court case, judgment, decree, parenting plan, custody order, or time-sharing schedule already applies to the child, the parties must ask the court to ratify the relocation agreement. The court can ratify the agreement without an evidentiary hearing unless one party requests a hearing in writing within 10 days after the agreement is filed.
A good relocation agreement should address the practical issues that often cause conflict later.
- Where the child will live after the move
- How time-sharing will work during school breaks and holidays
- Who will pay for transportation and handle exchanges
- How the child will stay in touch with the other parent
- What to do if travel, school, or work schedules change
Parents often agree on the big picture, but not the details. A clear relocation agreement helps prevent the same disputes from coming up again after the move.
Filing a Petition to Relocate When Parents Do Not Agree
When the parties do not agree, the relocating parent must file a petition to relocate and serve it on the other parent and every other person entitled to access or time-sharing with the child.
Florida law requires the petition to relocate to include specific information. The petition must identify the intended new residence, including the state, city, and physical address if known. It must include the mailing address if different, the home telephone number if known, the date of the intended move, and a detailed statement explaining the reasons for the proposed relocation. If a written job offer supports the relocation request, the job offer must be attached.
You also need to include a new time-sharing schedule and a plan for transportation after the move. If you leave these out, your petition might not meet legal requirements unless there is already a court order that changes or limits time-sharing, or there is another good reason.
A parent seeking relocation needs more than a reason to move. The court needs a workable plan for the child’s relationship with the other parent.
Objecting to Child Relocation in Orlando
The non-moving parent has limited time to respond. Florida law requires a written objection to be filed with the court and served on the relocating parent within 20 days after service of the petition to relocate.
Your objection must be verified, meaning you sign it under oath. Be specific about why you oppose the move. Explain your role in your child’s life, both now and in the past.
A strong objection gives details, not just a simple no. Talk about your child’s bond with you, your current time-sharing schedule, ties to school and the community, travel challenges, safety issues, and any problems the new schedule would cause.
If the other parent fails to object promptly, the court presumes that the relocation is in the child’s best interests and should be allowed. Unless good cause exists, the court must enter an order allowing relocation and adopting the access, time-sharing, and transportation terms in the petition. The court may do this without an evidentiary hearing.
What the Court Reviews in Contested Relocation Cases
Florida law does not create a presumption for or against relocation when the move will materially affect the current schedule of contact, access, and time-sharing. The parent wishing to relocate has the burden to prove 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 or other covered person to prove, also by a preponderance of the evidence, that the proposed relocation is not in the child’s best interests.
The court looks at your child’s relationship with each parent, siblings, and other important people in their life. The judge also considers your child’s age, needs, and how the move might affect their physical health, education, and emotional well-being.
Other relocation factors can include the child’s preference based on age and maturity, whether the move improves quality of life, each parent’s reasons, employment and economic circumstances, good faith, child support history, domestic violence, substance abuse, and any other factor affecting the interests of the child.
Florida law gives relocation hearings priority. If a motion for temporary relocation is filed, the hearing must occur no later than 30 days after the motion is filed unless good cause exists. If a notice to set the matter for a nonjury trial is filed, the trial must occur no later than 90 days after the notice is filed unless good cause exists.
How Relocation Affects Parenting Plans and Child Support
A relocation case often requires a new parenting plan. Florida Supreme Court Approved Family Law Form 12.995(c) addresses relocation and long-distance parenting plans. The form explains that a parenting plan is required in cases involving time-sharing with minor children, even when time-sharing is not disputed.
A revised plan may need to address daily parenting tasks, school decisions, health care, travel, holiday time, electronic communication, and transportation arrangements. The plan should also explain how both parents will stay connected to the child’s life after distance changes the schedule.
If the court approves relocation, it can order ways for you and your child to stay in touch, like phone calls, video chats, or regular visits. The court will also decide who pays for travel and may change child support if needed.
Acting Without Approval Can Create Serious Problems
If a parent moves with a child without complying with the law, the court can order the child to be returned, require the parent to pay legal and travel costs, and take other actions. The court will also consider the unauthorized move when making future decisions regarding relocation or time-sharing.
That risk applies to both sides of the case. A relocating parent needs a lawful path before the intended move. A non-replaced parent must respond before silence changes the case.
Orlando relocation disputes can involve Orange County, Seminole County, and other Central Florida families whose facts do not fit neatly into a form. A move may involve I-4 work demands, a job transfer, school zoning, housing costs, extended family, a new spouse, military-related changes, safety concerns, or a child with special needs.
We work with clients to build their case using solid evidence, not fear. This can include school records, work schedules, travel costs, family support, communication history, past time-sharing records, financial documents, and, when relevant, information about domestic violence or substance abuse.
Call an Orlando Parental Relocation Attorney Today
A move can change your child’s life, your court order, your finances, and your daily routine as a parent. If you wait, you may have fewer options, especially if a petition has already been filed or the move is coming up soon.
The Law Office of Erin Morse helps parents face complex family transitions with a clear view of the litigation process and their options for resolution. We bring a creative, assertive approach to relocation cases because your child’s future deserves more than guesswork.
Call (407) 743-6059 to schedule a strategy session with an Orlando parental relocation attorney.