Navigating the complexities of child relocation can be daunting for parents in Florida, especially when it comes to understanding the legal requirements set forth by the state’s statutes. Florida Statute §61.13001 clearly defines “relocation” and establishes protocols for parents who wish to move more than 50 miles away from their current residence with their minor child. In this blog post, our team at The Wheeler Firm will outline the process involved in relocating with a child, including how to handle relocation by agreement and through a formal petition when parents disagree. We’ll also discuss factors that courts consider during relocation hearings and the potential consequences of moving without proper permission. Whether you’re considering a relocation or need assistance with a response, it’s crucial to have a clear understanding of your rights and responsibilities. Learn more and reach out to our family lawyer to get started today!

What Is Relocation?

Florida Statute §61.13001 defines “relocation” as a move by a parent with a child that is at least 50 miles from the parent’s residence established by a prior court order. A petition to relocate must be filed if a parent wishes to relocate and another person has rights to the child or children.

Relocation by Agreement

If both parents agree that relocation is in the child’s best interest, the relocation can be authorized by asking the court to approve the agreement. A petition is filed with the agreement for the court to review and consider. The agreement must be:

• In writing
• Filed with the court
• Outline the new time-sharing schedule after relocation, and
• Specific as to who will be responsible for transportation costs after relocation
• Relocation by Petition

When parents disagree, a Petition for Relocation must be filed with the court and a hearing convened. The petition should include:

• Details of the new residence (city, state, address)
• Anticipated move date
• Detailed reason for the move
• Proposed post-move time-sharing schedule

If the relocation is sought due to a job offer, a written copy of the job offer must accompany the petition.

The non-moving parent has 20 days to respond after being served. If there is no response, the lack of a response may be considered an agreement to the move. An answer triggers a court hearing. The moving parent may request a temporary relocation order, which is typically set quickly on the court’s docket. The court may grant temporary relocation if the petition was filed properly and relocation is likely to be approved at the final hearing.

Factors Considered During Relocation Hearing

The court considers several factors when deciding whether to grant a Petition to Relocate at a hearing, including:

• Child’s age and development
• Reasons for the move (both for and against)
• Employment and economic circumstances of each parent
• Ability to maintain the child’s relationship with the non-moving parent
• Quality of the child’s relationship with each parent
• Whether the proposed move will enhance the quality of life for the child

Moving Without Permission

Moving a child more than 50 miles without court permission can result in contempt of court. Penalties may include:

• Ordering the child’s return
• Fines
• Incarceration

The court may also consider this non-compliance in future time-sharing modifications.

Following the Relocation

Following relocation, it is crucial to comply with the post-relocation time-sharing schedule and keep the non-relocating parent informed of the child’s well-being (school, medical, social). Non-compliance could lead to future time-sharing modifications.

Consult an Attorney

For legal advice specific to your situation, you should consult a Florida family law attorney who is experienced in child relocation matters. Our team at The Wheeler Firm has more than 20 years of experience helping clients in family law cases, including relocation cases, and we would be happy to assist you in your time of need whether you are seeking or contesting a proposed relocation. Call (850) 613-6923 today and schedule a consultation at one of our offices in Okaloosa County or Walton County.