Relocation with Children After Divorce: Florida's Legal Requirements

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Relocation with children after divorce can present complex legal challenges, particularly when one parent objects to the move. Florida law provides specific guidelines for parental relocation to ensure that the child's best interests are prioritized and that both parents' rights are respected. If you are a parent considering relocation after a divorce, it's crucial to thoroughly understand the legal requirements and how to navigate the process properly. This understanding will empower you and help you make informed decisions.

What Is Considered Relocation Under Florida Law?

Under Florida Statutes, specifically Section 61.13001, "relocation" is defined as moving more than 50 miles from the current residence for at least 60 consecutive days. This definition excludes temporary moves for vacation, education, or medical treatment. The relocation may involve moving within Florida or out of state.

If a parent wishes to relocate with their child after a divorce, the law requires that they either obtain the other parent's consent or get approval from the court. Without following these legal steps, the relocating parent risks violating custody arrangements and potentially facing severe legal consequences. It's important to be aware of these risks to make informed decisions.

Parental Agreement for Relocation

The simplest way to relocate is by obtaining a written agreement from the other parent. Both parties must agree to the relocation and establish new visitation or time-sharing arrangements in this agreement. The written agreement should include:

1.    Consent of the Other Parent: The non-relocating parent must formally agree to the relocation in writing.

2.    New Time-Sharing Schedule: The agreement must establish a revised time-sharing schedule that accommodates the new living arrangements. This schedule may include adjustments to visitation frequency, transportation responsibilities, and communication with the non-relocating parent.

3.    Transportation Costs: The agreement should outline how transportation expenses related to the new time-sharing arrangements will be handled, ensuring fairness to both parties.

Once both parties have signed the agreement, it must be submitted to the court for approval. If the court finds the agreement in the child's best interests, it will approve the relocation.

Court Petition for Relocation

When the parents cannot agree on relocation, the parent seeking to move must file a petition to relocate with the court. The petition must be served on the non-relocating parent and contain specific information, including:

• Details of the Move: The petition must state the location of the new residence, the mailing address (if known), the phone number, and a detailed explanation of why the parent wishes to relocate.
• Proposed Time-Sharing Schedule: The petition should include a proposal for how visitation and time-sharing will be handled after the move, including transportation arrangements and any changes in parenting responsibilities.
• Reasons for Relocation: The parent must comprehensively explain why the relocation is necessary. Common reasons include a new job opportunity, remarriage, or proximity to extended family for support. Financial stability and better educational opportunities for the child are also common justifications.

After the petition is filed, the other parent has 20 days to file an objection. If they object, the court will schedule a hearing where both sides can present evidence and arguments.

How the Court Decides on Relocation

If the relocation is contested, the court must determine whether it is in the child's best interests. Florida courts evaluate several factors when making this decision, including:

1.    The Child’s Relationship with Both Parents
The court considers the nature, quality, and duration of the child’s relationship with the relocating and non-relocating parent. The court will examine how the relocation might impact the child’s relationship with the non-relocating parent and whether sufficient time-sharing arrangements can be made to maintain that relationship.

2.    Impact on the Child’s Well-Being
The court examines how the move would affect the child’s emotional, educational, and social development. The parent proposing the relocation must demonstrate that the move will enhance the child’s quality of life through better educational opportunities, access to healthcare, or a more stable home environment.

3.    The Reasons for Relocation
The court will carefully scrutinize the parent’s reasons for wanting to move. Legitimate reasons, such as a job offer or the ability to provide better living conditions for the child, outweigh relocation. However, if the court believes that the relocation is being sought to interfere with the other parent’s relationship with the child, the request may be denied.

4.    The Objection of the Non-Relocating Parent
The court takes into account the non-relocating parent's objections and the reasons they believe relocation would not be in the child’s best interests. For example, the non-relocating parent may argue that the relocation would disrupt the child’s established routine or negatively impact their emotional health.

5.    History of Cooperation Between Parents
The court considers the extent to which the parents have cooperated in the past, particularly about time-sharing arrangements and co-parenting responsibilities. A history of cooperation can support a relocation request if the court believes the parents will continue facilitating a positive relationship for the child.

6.    The Child’s Preference
The court may consider their preferences if the child is of sufficient age and maturity. While not the deciding factor, the child’s wishes can influence the court’s decision, particularly if the child has strong opinions about staying or moving.

Emergency Relocation Requests

In certain circumstances, a parent may need to relocate immediately due to safety concerns, such as domestic violence. Florida law allows for emergency relocation requests in such cases, which the court may expedite to ensure the safety of the parent and child.

Penalties for Unauthorized Relocation

Attempting to relocate without following the proper legal procedures can have serious repercussions. The court may:

• Order the Return of the Child: If a parent moves without the other parent’s consent or court approval, the court can order the child's return to their original location.
• Modify Custody Arrangements: Unauthorized relocation can lead to a custody modification, potentially reducing the time the relocating parent spends with the child.
• Contempt of Court: The relocating parent may face legal penalties, including being held in contempt of court, which could result in fines or jail time.

Conclusion

Relocating with a child after divorce in Florida is a complex process that requires strict adherence to legal guidelines. Whether parents agree on the move or it's contested, the court’s unwavering focus will always be on what is in the child's best interests. By properly filing agreements and petitions and addressing the court’s factors for relocation, parents can protect their rights while prioritizing the well-being of their children.

Suppose you are considering relocating with your child after a divorce. In that case, it is essential to consult with an attorney to guide you through the legal requirements and ensure that you meet Florida’s legal standards for relocation.