Considering a Move? Relocation and Child Custody in Florida
Florida law places significant restrictions on parental relocation. Specifically, a parent cannot move their residence more than 50 miles from the original location without obtaining either court approval or written consent from the other parent.
Agreement to Relocation and a Long-Distance Parenting Plan
When both parents consent to relocation, the process becomes straightforward. Parents can incorporate the new address into their custody arrangement or develop a modified long-distance parenting plan. In such cases, filing a Notice of Intent to Relocate with the court—along with the adjusted parenting plan—fulfills the legal requirement.
Petitioning for Relocation When Parents Cannot Agree
If the other parent objects, the relocating parent must petition the court. The petition should include:
- The new residence location or address
- Home telephone number for the new address
- Proposed relocation date
- Reason for the move (with supporting documentation like job offers)
- A proposed updated timesharing schedule
- Transportation arrangement details
Factors Courts Consider
Courts evaluate multiple statutory factors when deciding relocation cases, including:
- The child’s relationship with each parent
- The child’s age and developmental needs
- The ability to maintain the non-relocating parent’s connection
- The child’s preferences (if age-appropriate)
- Impact on quality of life for the child
- Good faith motivation for the move
- Any history of substance abuse or domestic violence
- The non-relocating parent’s reasons for objecting
Getting Legal Help with Your Relocation
Relocating without proper approval constitutes a violation of custody arrangements and may negatively affect your parental rights. If you’re considering a move that would take you more than 50 miles from your current location, or if the other parent is planning such a move, consulting with a family law attorney is strongly recommended before proceeding.
Understanding your rights and obligations under Florida’s relocation laws can help you make informed decisions and protect your relationship with your children.