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South Florida Family Law Blog

Serving clients throughout West Palm Beach and South Florida, Gonzalez & Associates, PLLC delivers experienced, strategic legal representation in criminal defense, family law, and asset forfeiture cases. Led by a former police director and narcotics detective, we provide honest guidance, strong advocacy, and direct communication—in both English and Spanish.

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Can I Relocate with My Child After Divorce in Florida?

In Florida, relocating with your child after divorce may require the other parent’s written consent or court approval. Moving without following the required process can lead to serious legal consequences, including being ordered to return the child.

Relocation is one of the child custody issues Gonzalez & Associates, PLLC handles for parents in West Palm Beach and throughout South Florida. This article explains when Florida’s relocation law applies and what the process requires when the other parent agrees or objects.

What Does Florida Law Define as Relocation?

Under Florida Statute § 61.13001, relocation generally means changing a parent’s principal residence by at least 50 miles. The change must also last for at least 60 consecutive days.

The 50 miles are generally measured from the parent’s residence when the most recent time-sharing agreement or order took effect. If a case is pending, the residence when it was filed may be used instead. Temporary absences for vacation, education, or health care aren’t considered relocation.

Relocating When the Other Parent Agrees

If the other parent agrees, Florida law allows the parents to put the relocation terms in writing. The agreement must address time-sharing and transportation after the move.

When an existing court order addresses the child’s residence or time-sharing, the parents must seek court ratification of the agreement. A hearing generally isn’t necessary unless one of the parties requests one in writing within 10 days after the agreement is filed.

What Happens if the Other Parent Doesn’t Agree?

If the other parent objects, you need court approval before relocating with the child. You request approval by filing a petition to relocate with the Florida circuit court handling your family case.

The petition must include:

  • The proposed new residence and when you plan to move
  • Your reason for relocating, with a written job offer attached if that is the reason
  • A proposed parenting plan explaining how time-sharing and transportation would work after the move

The other parent generally has 20 days after being served to object. If they do, the court decides whether the relocation is in the child’s best interests. You’ll need to present evidence supporting the move, including how it would affect your child and how the proposed parenting plan would preserve their relationship with the other parent.

What the Court Considers Before Allowing Relocation

When deciding whether to allow a relocation, the court focuses on the child’s best interests. Florida law directs the court to consider factors such as:

  • The child’s relationships: The child’s ties to each parent and whether those relationships can be maintained after the move.
  • The impact of relocation: How the move may affect the child based on their age and needs.
  • Reasons for the move: Why one parent wants to relocate and why the other objects.
  • Economic impact: Whether the move may improve the family’s financial circumstances.

Moving Forward With a Relocation Request

If you’re considering relocation, determining whether Florida’s requirements apply before you move can help you choose the appropriate legal path.

Gonzalez & Associates, PLLC works with parents in West Palm Beach facing relocation and child custody matters. Speak with our family law team about your plans by calling 561-500-4529.

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