What Fort Lauderdale Parents Must Do Before Relocating With A Child Under Florida Law
Are you a Fort Lauderdale parent thinking about moving to a new city, another part of Florida, or out of state entirely? If you have a child and a court-ordered parenting plan in place, your plans to relocate may require legal steps before you pack a single box. Florida has some of the most specific child relocation laws in the country, and skipping those steps can have serious consequences for your custody arrangement and your relationship with your child.
Here is what you need to know.
When Florida’s Relocation Law Applies to You
Florida Statute § 61.13001 defines relocation as a change in the principal residence of a parent or child to a location that is at least 50 miles from the residence established in the existing court order. If your intended move clears that threshold, and another person holds rights to timesharing or access to your child, you are subject to this law.
It is important to understand that this applies regardless of whether your move is within Florida or to another state entirely. A move from Fort Lauderdale to Orlando, for example, could easily trigger the statute. Temporary absences for vacations, medical care, or educational programs are not considered relocations under Florida law, but a permanent or long-term change in residence most certainly is.
The Two Paths Forward: Agreement or Court Petition
If you need to relocate with your child, Florida law gives you two options for doing it lawfully.
The first path is a written agreement with the other parent. If both parents consent to the move, they must put that agreement in writing. The agreement must reflect the updated timesharing schedule, address how the other parent will have access to the child going forward, and lay out transportation arrangements. That written agreement is then filed with the court. If the court finds the arrangement serves the child’s best interests, it can approve the relocation without requiring a formal hearing.
The second path applies when parents do not agree. In that situation, the parent who wants to relocate must file a Petition to Relocate with the court and serve it on the other parent and any other person with timesharing or access rights. Under § 61.13001, the petition must include specific information, such as:
- The address and phone number of the proposed new residence
- The date of the intended move
- The reasons for the relocation
- A proposed revised timesharing schedule and transportation plan
The other parent then has 20 days to file a written objection. If no objection is filed in time, the court may presume the relocation is in the child’s best interests and approve it without a hearing. If an objection is filed, the court will schedule a hearing and evaluate whether the relocation should be permitted.
What Courts Consider When Parents Disagree
When a relocation is contested, Florida courts weigh a range of factors to determine what is in the best interests of the child. These include the reasons the relocating parent wants to move, the reasons the other parent objects, the child’s relationship with each parent, how the move would affect the child’s relationships and ties to the community, the child’s age and needs, and whether a reasonable revised timesharing schedule can be created to protect the non-relocating parent’s involvement.
The court does not automatically favor or disfavor relocation. The burden is on the relocating parent to demonstrate that the move serves the child’s best interests, and that the other parent’s relationship with the child can still be meaningfully preserved under the proposed new arrangement.
Do Not Move Without Following the Process
One of the most important things to understand about Florida’s relocation law is that moving without following the required legal process can have serious repercussions. A court can order the child returned, hold the relocating parent in contempt, and even use an unauthorized move as a factor against that parent in future custody proceedings. No matter how certain you feel that the move is the right decision for your family, taking action before getting proper approval can put your parenting rights at significant risk.
Thinking About Relocating? Speak With an Attorney First
Child relocation cases in Fort Lauderdale can move quickly and become complicated, particularly when the other parent objects. Before you make any plans to move, it is worth understanding exactly what the law requires and what the process looks like for your specific situation. At the office of Sandra Bonfiglio, P.A., our team is here to help. Our Fort Lauderdale child relocation lawyers can guide you through every step of the process, whether you are seeking to relocate or responding to a move you believe is not in your child’s best interests. Contact Sandra Bonfiglio, P.A. today to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2024/61.13001
