Modifying A Parenting Plan When One Parent Wants To Relocate Across Florida
Life changes, and sometimes those changes mean one parent needs to move to another part of Florida. Whether it’s a new job, a support system closer to family, or a fresh start, a relocation can create real tension when a parenting plan is already in place. So what actually happens when one parent wants to pick up and move but the other parent objects?
What Florida Law Says About Relocation
Florida has a specific statute that governs this situation: Florida Statute § 61.13001. Under this law, “relocation” is legally defined as a move of at least 50 miles from a parent’s current residence that lasts for at least 60 consecutive days. If you’re moving anywhere within that threshold, the statute generally doesn’t apply. But once you cross that 50-mile mark, you’re in formal legal territory, and you cannot simply move your child without following the required process.
The relocating parent must either get written agreement from the other parent (and any other person with court-ordered time-sharing rights) or file a Petition for Relocation with the court. Skipping this step can lead to being held in contempt of court, and it can seriously hurt your standing in future proceedings.
What Happens When Parents Don’t Agree
When the other parent objects, the case goes before a judge. There is no automatic presumption in favor of or against the relocation. Instead, the court looks at whether the move is in the best interests of the child, weighing a specific list of factors under § 61.13001, which include:
- The child’s relationship with each parent and other significant people in their life
- The reasons behind the proposed move and how it could affect the child’s quality of life
- Whether a realistic and reasonable time-sharing schedule can be worked out for the non-relocating parent
- The child’s preference, depending on their age and maturity
- Whether either parent has a history of domestic violence or substance abuse
- The economic circumstances of both parents
The parent seeking to relocate has the burden of showing, by a preponderance of the evidence, that the move is in the child’s best interest. If that burden is met, the other parent then has to show why the relocation is not in the child’s best interest.
How the Parenting Plan Gets Modified
If the court approves the relocation, the existing parenting plan will need to be modified to reflect the new reality. That could mean adjusting which parent has the child during the school year, changing holiday arrangements, and figuring out who covers the cost of travel for time-sharing visits. If the court denies the relocation, the parent may have to choose between staying or moving without the child, which is a significant decision.
When both parents agree, they can submit a written agreement to the court for approval. The agreement must address how the relocation affects time-sharing and transportation, and it still needs a judge’s sign-off before it takes effect.
Speak to One of Our Attorneys for Help
Relocation cases can be emotionally charged and legally complex, and the outcome can shape your child’s life for years to come. If you’re facing a relocation dispute, whether you’re the parent who wants to move or the one trying to prevent it, our Orlando relocation attorneys at Greater Orlando Family Law are here to help. Contact us to schedule a confidential consultation and learn how we can help protect your rights and your child’s future.
Source:
flsenate.gov/Laws/Statutes/2024/0061.13001
