Child Relocation Lawyer in West Palm Beach

When Florida Law Treats a Move as Relocation

Florida Statutes section 61.13001 generally defines relocation as a change in the principal residence of a parent or another person entitled to time-sharing or access when the new residence is at least 50 miles away and the move lasts at least 60 consecutive days. Temporary absences for vacation, education, or the child’s health care generally aren’t included.

The comparison point may be the residence identified when the last order establishing or modifying time-sharing was entered or the residence at the time a pending action was filed. The existing orders and case history therefore matter. A move of less than 50 miles can also create parenting-plan issues even if it doesn’t meet the statutory definition.

Relocation by Written Agreement

When the parties agree, Florida law permits them to address relocation through a written agreement. The document must reflect consent to the move, establish a time-sharing or access schedule for the nonrelocating parent, and address transportation when necessary. If an existing case, judgment, or decree concerns the child’s residence or time-sharing, court ratification may be required.

An effective agreement covers more than permission to move. School calendars, holidays, travel costs, exchange locations, remote communication, and enforcement can all become sources of conflict if the terms don’t provide a workable framework.

Petitions & Objections in Contested Cases

Without a qualifying agreement, the parent seeking to move generally must file a petition to relocate and serve it on the other parent and anyone else entitled to access or time-sharing under the statute. The petition must provide specific information about the proposal, including the new location, intended date, reasons for the move, and a revised schedule.

A person opposing the move generally must file and serve a written objection within 20 days after receiving the petition. The objection should explain the basis for opposing the request and describe the parent’s involvement with the child. Because service dates and procedural history can affect the required response, prompt review is important.

Florida courts consider multiple statutory factors, including:

• The child’s relationship with each parent and other significant people
• The child’s age and developmental needs
• The reasons offered for supporting or opposing the move
• The feasibility of preserving contact with the nonrelocating parent
• The anticipated effects on the child’s educational, emotional, and physical development
• Each parent’s economic circumstances and employment opportunities

No single preference determines the outcome. The court conducts a fact-specific best-interest analysis based on the evidence presented.

Prepare Before Moving, Agreeing, or Responding

Moving without the required agreement or court approval can create legal and parenting-plan complications. Before a client takes a position, we review the current orders, pending filings, agreement status, proposed destination, and relevant deadlines.

Useful materials may include:

• Existing parenting plans and time-sharing orders
• Calendars or records showing each parent’s involvement
• Proposed housing, school, and child care information
• Employment details and family support information
• Travel estimates and transportation proposals
• Communications concerning the proposed move

This information about Florida relocation law is general and isn’t a substitute for advice based on the facts, jurisdiction, and procedural history of a particular case.