Relocation with a Child in Florida

When parents divorce or separate in Florida, state law requires that either parent or guardian with a time-sharing agreement seek the consent of the other parent and the courts within two months of moving 50 miles or more with a minor child. A court will not usually approve a relocation if the other party objects and the relocating parent or guardian cannot prove that the move is in the best interests of the child.

The Orlando divorce attorneys at TK Law effectively represent parents on both sides of this complicated issue with the best interests of their children in mind. We will put together the factual evidence to show whether a move is indeed the best for all parties involved. This is especially important when there is a need for a parent to transfer to another city or state for a job opportunity, or if it appears a parent is seeking to relocate to avoid support payments.

If you need guidance on how to apply for relocation or fight against a parent relocating, even temporarily, contact TK Law for a free consultation today.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

Relocation by Agreement

Less paperwork and fewer court proceedings are involved if two parents and all others entitled to time-sharing formally agree to relocation with a child. Florida law states that in such cases, the parent who wishes to move can do so with an agreement in writing that does the following:

  • Reflects the agreement to the relocation,
  • Defines time sharing rights for the parent or other persons entitled to visitation that are not moving, and
  • Defines any transportation arrangements that would be required for access or time sharing.

If a time-sharing agreement order already exists, then that agreement must be ratified and filed in court to reflect the relocation. However, the parties do not have to appear in court and the relocation is considered approved once the agreement is filed unless a court evidentiary hearing is requested in writing within 10 days.

Relocation by Petition: Primary Residential Parent

If a parent or guardian with the majority of time-sharing plans to move, then he or she must notify the other parent and all others in writing, titled a Notice of Intent to Relocate. The Notice must list and detail every reason for the proposed move, including if any of the following exist:

  • Better schools
  • Better job or employment opportunity (if the move is due to a job offer, the written offer must be attached to the petition)
  • Increased family support
  • Other financial reasons, etc.

The Notice must also include a proposed revised time-sharing schedule after the relocation, including any transportation arrangements affecting any parties with access to the children.

Contested Relocation with a Child

Either parent or person who has a time-sharing agreement can legally object to the relocation. That party must file a response to the petition to relocate within 20 days after he or she is served the petition to relocate. Contact TK Law to assist with this filing, as there are specifics required by Florida law to contest a relocation.

The parent seeking to relocate must not do so permanently if the move is contested until the court has granted permission. If a temporary relocation is necessary, the court must set a hearing in the case within one month after the motion for a temporary relocation is filed.

The court will then set a relocation hearing within 90 days to determine whether relocation is appropriate.

The parent requesting the court’s permission to relocate must prove that the move is in the best interests of the child. If the relocating parent is successful, the objecting parent must prove why the relocation is not in the child’s best interests.

The court will take into consideration the following factors in a contested relocation hearing:

  • Reasons for the move
  • Time spent with the non-custodial parent now and after the proposed relocation
  • The relationship between each parent and the children and their other siblings and significant family or friends
  • The age of the affected children and the effect the move can have on the children’s physical, educational and emotional development
  • The effect the move could have on the non-custodial parent’s time sharing schedule
  • Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including whether there are financial or emotional benefits or educational opportunities
  • Other potential opportunities available in the present location
  • The child’s preference, if he or she is considered mature enough to make a decision
  • Any other factor affecting the best interest of the child, including criminal, domestic violence, or substance abuse history

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

Improper Child Relocation

There are legal ramifications for a parent or guardian who moves without the permission of the courts. The attorneys at TK Law are heavily trained in child custody and visitation matters and can assist parents with filing the necessary documents to ensure a proper relocation. We can also represent parents seeking to contest a move.

Contact an Experienced Orlando Child Relocation Attorney

TK Law is committed to providing quality, experienced family law support to our clients and their families. We believe in keeping our clients out of the courtroom as much as legally possible because we know how delicate divorce and time sharing proceedings can be.

When court proceedings are necessary, we refuse to allow our clients’ rights to be violated by anyone involved.

Call us now to retain the guidance of a knowledgeable TK Law attorney who will never pass your case on to a less experienced lawyer. For more information on the services we provide, view our Divorce and Family Law Video Channel.

Altamonte Springs Office
999 Douglas Avenue
Suite 3333
Altamonte Springs, FL 32714
Downtown Orlando Office
37 N. Orange Avenue
Suite 500b
Orlando, FL 32801
CALL (407) 834-4847