If you share custody of your child in Florida, moving isn’t as simple as packing your bags and hitting the road. The law takes relocation seriously, especially when it can affect your child’s time with their other parent.
First, it helps to understand what Florida law considers a relocation. Generally, this means moving 50 miles or more from your current residence for at least 60 days. This applies even if you’re relocating within the state.
Relocation requires permission or a court order
If you have a custody agreement, you can’t relocate without following the proper legal steps. You can do so in two ways. One, by signing a formal written agreement with your co-parent. The agreement must:
- Clearly state that both parents consent to the relocation
- Outline a new time-sharing schedule for the parent who is not moving
- Includes transportation arrangements, if needed, to ensure visits actually happen
If your co-parent is on board with this written agreement, you’re good to go once the court approves it. However, you must take the second route if there’s any disagreement or refusal to sign.
The court process explained
Without a mutual agreement with your co-parent, you must file a court petition to relocate. This petition must include specific information, like why you’re moving and how it will affect the custody arrangement.
You’ll also need to explain how you plan to maintain your child’s relationship with the other parent. The goal is to show the court you’re not cutting your co-parent out and that your child will continue to have meaningful contact with them.
The court will then weigh many factors before making a decision, including whether the move is in your child’s best interests and your co-parent’s objections. Seeking qualified legal guidance can help you present a compelling case if the matter goes to court, protect your parental rights and increase the chances of a fair outcome.