Parental Relocation in Florida

A Florida parent who has a time-sharing order and wants to move with the child to a new residence may not simply relocate. Under Florida Statutes § 61.13001, any move of more than 50 miles from the principal residence at the time of the last order, for a period of 60 consecutive days or more, requires either written agreement of the other parent or a court order authorizing the move.

The 50-Mile, 60-Day Rule

Two thresholds trigger the statute. First, the new residence must be more than 50 miles away. Second, the move must last 60 consecutive days or longer. A temporary vacation, even an extended one, does not require relocation procedures. A short move to an adjoining neighborhood does not either. The statute targets moves that materially affect the existing time-sharing schedule.

Written Agreement

If both parents agree to the move, they sign a written relocation agreement that contains the consent of the non-relocating parent, defines a new time-sharing schedule that takes the relocation into account, and addresses transportation arrangements. The agreement must be ratified by the court. Once ratified, it has the force of a court order.

Petition to Relocate

If the other parent does not agree, the relocating parent must file a Petition to Relocate that strictly complies with Florida Statutes § 61.13001(3). The petition must include:

• A description of the new location, including the street address if known, the names of any third party at the new residence, and the date of the intended move
• A detailed statement of the reasons for the proposed relocation, including any job offer with the salary and benefits documented in writing
• A proposed revised time-sharing schedule, including transportation arrangements
• A specific statutory notice warning the other parent that an objection must be filed within 20 days or the relocation will be granted by default

Objection and Burden of Proof

The non-relocating parent has 20 days to file a written verified objection that states specific factual reasons. If no timely objection is filed, the court is required to allow the relocation by default unless it finds the relocation is not in the child's best interest.

If an objection is filed, the court holds an evidentiary hearing. The party seeking relocation has the initial burden of proof, then the burden shifts to the objecting parent to show that the proposed relocation is not in the child's best interest. The factors in Florida Statutes § 61.13001(7) include the nature of the child's relationships with each parent, the age and developmental stage of the child, the feasibility of preserving the relationship with the non-relocating parent through a substitute schedule, the reasons each party offers, the career and economic implications, and the quality of life the move will provide for the child.

Temporary Relocation Pending Hearing

A parent may seek temporary relocation pending the final hearing, but the standard is high. The court will consider the likelihood that the relocation will be permitted at trial, the harm to the child of remaining in place, and the harm of moving and then having to move back.

Unauthorized Relocation

A parent who relocates without consent or court approval faces serious consequences -- the court may order the child returned, modify time-sharing in favor of the other parent, find the moving parent in contempt, and award attorney's fees. In some cases, unauthorized relocation has formed the basis for a change in primary residence to the non-moving parent.

Call 786-522-1411 to discuss your Florida relocation case, whether you are seeking to move or opposing a move.