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Moving to a new city can be an exciting opportunity, but when children are involved, relocation after a separation requires more than packing boxes and changing addresses. A new job, remarriage, family support, or other major life change may make moving necessary, but Florida law places important limits on relocating with a child when the move could affect the other parent’s relationship with them.
Under Florida law, relocation generally means moving a child more than 50 miles from their principal residence for at least 60 consecutive days. A parent cannot simply relocate with the child and deal with the legal consequences afterward. If the other parent does not agree to the move, court approval is generally required before the relocation can take place. Understanding divorce and custody laws before making arrangements can help prevent serious legal complications.
If both parents agree to the relocation, they can create a written agreement addressing the move and the child’s new schedule. The agreement should cover important practical issues such as transportation, school breaks, holidays, communication, and extended periods of time with the parent who remains behind. When parents cannot reach an agreement, the parent requesting the move must generally file a petition with the court.
The court’s focus is the child’s best interests. Several factors may be considered, including the reason for the proposed move, the child’s relationship with each parent, the effect on education and development, and whether meaningful contact with the other parent can realistically continue. The court may also consider how the relocation would affect an existing time-sharing arrangement and each parent’s ability to maintain a healthy relationship with the child.
This is why divorce and custody matters often require careful planning before a relocation request is made. A parent should be prepared to explain why the move is necessary or beneficial and provide a realistic plan for maintaining the child’s relationship with the other parent. Simply believing that a move would create a better opportunity is not enough to guarantee court approval.
At the Law Office of Holly Mantle, Esq., divorce and custody cases are handled with careful attention to both the legal requirements and the realities families face. We take the time to understand the circumstances behind a proposed move, identify potential concerns, and help parents approach relocation with a clear and well-prepared plan.
If you are considering relocating with your child, reach out to the Law Office of Holly Mantle, Esq. before making major arrangements.