What counts as relocation
Under Florida law, relocation generally means a change in the principal residence of a parent of at least 50 miles from the residence at the time of the last order or petition, for at least 60 consecutive days.
Temporary absences for vacation, education, or medical care are generally not treated as relocation.
Agreement or petition
If the other parent agrees, the parties can sign a written agreement that addresses the move and a revised time-sharing schedule and transportation arrangements.
Without agreement, the relocating parent must file a petition with specific information, such as the new address, the reason for the move, and a proposed schedule. The other parent has a limited time to object.
- Description of the new location
- Date of the intended move
- Specific reasons for relocation
- Proposed revised time-sharing
- Transportation arrangements
Factors the court considers
Courts evaluate the child’s relationship with each parent and siblings, the child’s age and needs, the feasibility of preserving the relationship with the non-relocating parent, and whether the move improves the quality of life for the parent and child.
No presumption favors or opposes relocation; the decision rests on the child’s best interests.
Risks of moving without approval
Relocating without agreement or court permission can have serious consequences, including being ordered to return the child and adverse effects on later custody decisions.
Early legal advice is important for both the parent who wants to move and the parent who wants to object.