How Relocation Affects Existing Court Orders in Florida Divorce Cases
When a parent needs or wants to move after a divorce, the idea can stir anxiety on both sides. A new job, a new relationship, or the need for family support may feel like compelling reasons to relocate, yet any move that affects a child’s established routine raises understandable concerns. Florida treats relocation as a major legal event, not a simple change of address. A parent cannot move far away with a child without meeting strict statutory requirements.
Understanding these rules can help you protect your rights and make informed decisions about your child’s future. Speaking with a trusted Boynton Beach divorce lawyer can help you navigate each step with clarity.
What Florida Considers a “Relocation”
In Florida, relocation is specifically defined under Florida Statutes section 61.13001. A move is considered a relocation when a parent plans to change their principal residence more than 50 miles away for at least 60 consecutive days. Florida uses this definition so families have a clear standard for when court involvement is required.
A short-term move, a trip, or a temporary change for education or healthcare does not qualify. Once a parent crosses the legal threshold, the court expects the relocating parent to either obtain written consent from the other parent or file a formal petition.
When Court Approval Becomes Necessary
Parents who share time with their children under an existing court order cannot simply relocate and update the other parent afterward. The court views relocation as a substantial change for the child, and it requires advance approval. If both parents agree, they can sign a written agreement that outlines the relocation details and an updated time-sharing plan. The court will usually approve this agreement unless it appears to conflict with the child’s best interests.
If there is no agreement, the relocating parent must file a petition to relocate. This petition must be served formally, and the other parent has 20 days to respond. Any attempt to move without following these procedures can lead to serious consequences. Courts can order the parent to return the child, modify time-sharing, or impose other penalties. A child custody lawyer can help you understand what to expect if relocation becomes contested.
How Relocation Affects Parenting Plans and Time Sharing
Relocation automatically raises questions about parenting schedules, school choices, holidays, transportation, and communication. Florida courts focus on one central question: whether relocation is in the child’s best interests. Judges consider multiple factors listed in section 61.13001, including the child’s relationships, community ties, educational needs, and the reason for the move. The court also evaluates each parent’s willingness to foster the child’s relationship with the other parent.
A relocation request almost always triggers a reevaluation of the parenting plan. This may mean adjusting weekday schedules, creating extended holiday time to compensate for distance, or allocating travel expenses. It can also mean designing more structured communication routines, such as scheduled video calls. The court wants to ensure the child maintains stability and meaningful relationships even if geography changes.
When Relocation Leads to Modification of Existing Court Orders
Once a parent petitions to relocate, the court treats the request as a substantial change that may justify modifying the standing time-sharing arrangement or other custody-related provisions. In many cases, the non-relocating parent may seek more time during summer or long weekends. In others, a parent may request a shift from equal time sharing to a primary residence plan because long-distance arrangements make equal time less feasible.
Relocation can also prompt changes involving decision-making authority. For example, if one parent moves to an area with different school options or medical providers, the court may revisit the shared responsibility structure already in place. A modified order must reflect the child’s best interests, not just the preferences of either parent. This is one reason families often reach out to a child custody lawyer when modifications and relocation issues overlap.
Practical Realities Parents Should Keep in Mind
Parents often struggle with the emotional and logistical pressure surrounding relocation. Some believe that notifying the other parent is enough, while others worry that the court will automatically block a move. The truth falls somewhere in between. Florida law does not prevent relocation, but it requires a structured process so the child’s needs remain at the forefront.
Parents should also keep documentation of communication regarding the move, as misunderstandings can escalate quickly. If relocation is linked to employment, the court may request proof of the job opportunity. If it relates to family support or financial stability, judges may ask for details that explain how the move will help provide for the child. Every request must be grounded in the child’s welfare rather than convenience alone.
Why Acting Early Matters in Relocation Cases
Relocation cases move at a pace set by statutory timelines, and those timelines can be tight. Early planning helps prevent avoidable mistakes, including missing deadlines, providing incomplete information, or unintentionally violating a court order. An attorney can help gather the right documentation and present a clear picture of how the proposed relocation will meet the child’s needs. If you are opposing relocation, working with counsel early allows you to prepare a thoughtful, fact-based response.
Contact Taryn G. Sinatra, P.A.
If you are facing a potential relocation or are concerned about how your co-parent’s move could impact your child, the Law Office of Taryn G. Sinatra, P.A. is here to guide you. Our legal team understands the stress these situations create and offers compassionate support rooted in Florida family law.
We help parents navigate relocation petitions, parenting plan modifications, and all issues involving time sharing. Reach out today to speak with a trusted Boynton Beach divorce lawyer who can help protect your rights and your child’s future.
Source:
Florida Statutes § 61.13001
