Skip to content

We Are A Family Law Practice Dedicated To Fostering Relationships Through Empathy And Tailored Support. Capizzi Legal, A New Take On Family Law.

Home
Practice Areas
Relocation

Relocation With Your Child After A Divorce or The Establishment of Paternity

More and more in today’s society, parents either want or need to relocate with the child. Florida’s relocation statute is very technical, it places responsibility on the relocating parent and provides somewhat harsh penalties on the prevailing parent.  Very specific petitions must be filed prior to the Relocation with the child.  If you are the non-relocating parent, timely objections must be filed to prevent your child from being relocated without a court hearing.

Although there are many specific statutory factors that the judge must consider, the overall standard is the “best interests of the child.”  The Florida Relocation Statutes are clear that the parents who want to relocate must show how the move will benefit or harm the child, not the parent.

Relocation cases often have lifelong consequences for the child and the parents. If you have a relocation issue, it is important to have an experienced family law lawyer on your side who understands the legal standard required and who has the skills and experience to present your relocation case to the judge.

How Does Child Relocation Work?

Florida law requires court approval before a parent can relocate with a minor child to any location that is more than 50 miles away from the current residence or the residence inhabited at the time of the separation, divorce, or the establishment of paternity and it must be for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.

There are two ways to achieve court approval for relocation. If both parents sign an agreement allowing the parent to move and file the agreement with the court, the request may be approved. However, if the parents disagree about the relocation, the parent who seeks the relocation may file a petition.

What Is A Petition To Relocate?

A petition to relocate is a document filed with the Florida courts.  If the petition is granted, it allows the relocating parent to move with the child to a place that is more than 50 miles away from the relocating parent’s current address.  The relocating parent must formally explain to the court why the relocation would be in the best interests of the child.

Which Factors Determine Child Relocation?

In making a decision regarding whether to approve or deny a petition for relocation, Florida courts consider the following factors, contained in Florida Statute § 61.13001. The courts may also take into consideration the location of the child’s extended family or support system when determining child relocation.  In the majority of cases, the court will also require both sides to file a proposed long-distance parenting plan, which details all child-related matters.  Here are the factors outline din the Florida Statute:

  • The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
  • The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
  • The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
  • The child’s preference, taking into consideration the age and maturity of the child.
  • Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
  • The reasons each parent or other person is seeking or opposing the relocation.
  • The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
  • That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
  • The career and other opportunities available to the objecting parent or other person if the relocation occurs.
  • A history of substance abuse or domestic violence by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
  • Any other factor affecting the best interest of the child.

What To Do If You Where Served With A Petition For Relocation?

If you were served with a petition for relocation, you must file a response in writing objecting to the relocation.  Your response must be filed and served upon the other party within 20 days after service of the petition to relocate.  If you fail to timely object to the relocation, the relocation will be allowed, without further notice and without a hearing, unless it is not in the best interest of the child.

An answer objecting to a proposed relocation must be verified and include the specific factual basis supporting the reasons for seeking a prohibition of the relocation, including a statement of the amount of participation or involvement the objecting party currently has or has had in the life of the child.

Hire A Compassionate Relocation Lawyer In Miami-Dade Or Broward County To Protect Your Legal Rights To Your Child

If you intent to relocate and need to file a petition or you were just served with a relocation petition, it is best to consult with an experienced family law attorney that can guide you in every step of the process. To initiate your journey towards a resolution of your relocation dispute, please fill out our contact form or book a consultation by using our online calendar.  Capizzi Legal, a new take on family law.

Practice Areas