Moving to a new city with your child can offer fresh opportunities for your family. However, when the other parent disagrees with your relocation plans, you may need to seek approval through the Florida court system.
What qualifies as relocation under Florida law?
Not every move counts as relocation in Florida. It becomes relocation when the child’s residence is moved 50 miles or farther. Moreover, the arrangement must last for 60 continuous days. This rule applies whether you plan to move within the state or out of state.
If you and the other parent agree to the move, you may submit a written agreement to the court. However, when the other parent objects, the matter becomes contested. At that point, the court must decide whether relocation serves the child’s best interests.
How does the court handle a relocation objection?
When the other parent objects to a relocation petition, the court cannot approve the move automatically. After receiving your relocation petition, the other parent has 20 days to file a written objection.
If the other parent files a timely objection, the court will schedule a hearing where both parents present their cases. However, if the other parent does not meet the timeline, the court may grant the relocation without a hearing.
If you are facing an objection, the judge will examine the reasons for the move and how the relocation affects the child. If approved, the court may modify the existing parenting plan to reflect the new circumstances.
What factors does the court consider in relocation cases?
The court bases its decision on the child’s best interests. This standard guides all custody-related decisions in Florida. In such cases, the court evaluates statutory factors, including:
- The reasons for relocation
- The reasons the other parent opposes the move
- The impact of the relocation on the child’s relationship with both parents
- The child’s age and developmental needs
- The willingness to maintain the other parent’s involvement
Additionally, Florida law requires the petition to explain how you will support the child’s relationship with the other parent after the move. For example, the court may review proposed time-sharing schedules and travel arrangements.
Preparing for a relocation dispute in Florida
Courts may deny relocation when parents fail to demonstrate a legitimate purpose for the move. Because these cases involve specific legal standards, it may be beneficial to have legal counsel evaluate your circumstances before proceeding.