Under Florida law, a parent may permanently move with a child only within 50 miles or less from their original residence. If the move consists of 50 miles or more, the parent cannot permanently move with the child unless the other parent provides written consent or the court permits the parent to relocate with the child. This applies only to permanent relocation’s that are more than 60 consecutive days (i.e., an extended trip or vacation lasting less than 60 consecutive days does not qualify).
If Both Parents Agree to the Relocation
Both parents can enter into a new time sharing schedule/parenting plan and ask the court to adopt it. If the parent do not agree, the parent who wishes to relocate with the child must file a Petition to Relocate. The other parent has 20 days to object in writing. If no objection is submitted, the court will generally allow the relocation. However, if an objection is submitted, the court will hold a trial to determine whether the relocation would be in the best interest of the child. The court considers several factors, including each parent’s relationship with the child; the age/developmental stage of the child (and possibly the child’s preference); why the parent is seeking the relocate, and career opportunities available to the parent seeking to relocate, among other factors.
Child relocation cases are among the most difficult because there is usually little room for compromise. At Strategic Family Attorney, P.A., we know that your relocation case deserves the maximum level of care and attention, and we are fervently dedicated to obtaining the best result possible. Contact us for a free consultation.