Florida doesn’t allow custodial parents to simply move away with children after divorce. At Nest Law, we guide Miami clients through the statutory process.
When parents live separately, a potential move can significantly impact custody arrangements and parent-child relationships. Florida law strictly regulates relocating with children after divorce or separation, requiring formal approval when moving more than 50 miles away for over 60 days.
At Nest Law, we guide parents through this complex process, protecting your parental rights while focusing on your child’s best interests. Whether you’re planning to move or responding to the other parent’s relocation plans, our experienced attorneys provide the legal support you need during this challenging transition.
Under Florida Statute §61.13001, relocation means moving 50+ miles from your current residence for 60+ consecutive days. The law doesn’t include temporary absences for vacations, education, or healthcare.
Parents seeking to relocate must either:
Moving without following these procedures can lead to serious consequences, including contempt charges, being ordered to return the child, and negative impacts on future custody decisions.
Courts recognize that while a parent may have valid reasons to relocate, maintaining the child’s relationship with both parents is also essential for healthy development.
Florida provides two paths for legally relocating with children:
When both parents support the move, they can create a written agreement that includes:
This agreement must be filed with the court and incorporated into a court order to be legally binding. Even when parents agree, judicial review ensures the arrangement serves the child’s best interests and complies with Florida law.
The agreement should be detailed and specific, addressing holiday schedules, communication methods during separation, and how transportation costs will be shared.
If the other parent opposes the move, the relocating parent must file a formal petition containing:
The non-relocating parent has 20 days to respond after being served. If they fail to respond, the court may grant the relocation without a hearing. If they object, the court schedules a hearing where both sides present evidence.
Court hearings for contested relocations involve extensive preparation. Each parent must present compelling evidence supporting their position. The relocating parent must demonstrate that the move offers significant benefits for the child, while the non-relocating parent must show how the move would harm the parent-child relationship or otherwise negatively impact the child.
Florida courts evaluate several factors when determining whether relocation serves a child’s best interests:
The relocating parent bears the burden of proving that the move benefits the child, not just themselves. This burden is substantial and requires thorough preparation and compelling evidence.
Courts also examine the nature of the parents’ relationship and their ability to cooperate. Parents who demonstrate a willingness to facilitate the child’s relationship with the other parent despite distance often have more success in relocation cases than those who have a history of interference with the other parent’s time-sharing.
Our attorneys develop tailored strategies based on your unique situation:
We help you build a compelling case by:
We help clients present their relocation requests in ways that emphasize the child’s interests rather than just the parent’s preferences. Courts respond more favorably to parent-focused presentations that demonstrate a clear understanding of the child’s needs.
We help you protect your parental rights by:
We recognize the emotional challenges faced by parents who risk losing regular contact with their children.
At Nest Law, we recognize the emotional challenges involved in relocation cases. Our attorneys work closely with you to develop solutions that protect your relationship with your child while addressing practical realities.
When agreement isn’t possible, we provide strong courtroom advocacy focused on your child’s best interests and your parental rights.
Contact Nest Law today for a confidential consultation about your child relocation case. Our experienced attorneys will help you navigate this complex legal process with confidence and clarity.
Florida law defines relocation as moving at least 50 miles away from your current residence for 60 consecutive days or longer. Temporary moves for vacations, education, or healthcare don’t qualify as relocation under the statute.
Moving without proper approval can result in serious consequences, including contempt of court charges, mandatory return of the child, and potentially losing primary custody. Always secure legal permission before relocating with your child.
Yes. The non-relocating parent can object by filing a response within 20 days of being served with the relocation petition. The court then schedules a hearing to determine whether the move serves the child’s best interests.
Timelines vary based on whether the relocation is contested. Agreed relocations can be resolved within weeks, while contested cases requiring court hearings may take several months, depending on court schedules and case complexity.
No. Moving before receiving court approval could be considered a violation of the current custody order, potentially resulting in legal penalties. Temporary relocations exceeding 60 days still require formal approval.
