Can Parents Relocate After Divorce in Florida?
After a divorce or separation, Florida law requires custodial parents to obtain permission if they wish to relocate with their child. The law defines what relocation is, and the process custodial parents must follow if they wish to move with their child. When these procedures are not followed, parents are not allowed to relocate with their child. If they still go ahead with the move, they will likely face serious consequences. Below, our Tampa child relocation attorney explains in further detail.
How is Parental Relocation Defined in Florida?
The Florida Statutes § 61.13001 defines child relocation as the following:
- Any move that is greater than 50 miles from the child’s current residence,
- Any move that extends 60 days or more, not including trips for school, medical treatment, vacation, and
- Any move that impacts a custody agreement or time-sharing order.
In the majority of cases, custodial parents must obtain consent from the non-custodial parent before making such a move. If the non-custodial parent does not provide consent, the custodial parent must file a petition with the court to obtain permission for the move.
How Does Relocation Impact Time-Sharing?
If the non-custodial parent agrees or the court allows the move, the parenting plan will need to be modified to ensure that the relationship with the child and both parents is not negatively affected. There are many ways a custody order can be modified to accommodate such moves, and they are as follows:
- Longer visitation periods for the non-custodial parent, such as during summer vacations and other school breaks
- Virtual communication options, such as messaging apps and video calls
- Shared costs of transportation between both households
Family law judges in Florida will strive to create an arrangement that ensures the child benefits from the relocation while still maintaining important contact with each of their parents.
Consequences of Relocating Without Consent
It is imperative that any parent who wants to relocate with a child obtain permission from the other parent or the court. When permission is not obtained and a parent relocates anyway, they will face many consequences. These include:
- The court may order the child to be returned to their previous residence or county
- The child custody order may be modified to terminate the relocating parent’s primary custody
- The relocating parent may be found in contempt of court and face certain legal penalties, such as high fines and even jail time
- The unauthorized relocation can negatively impact the moving parent’s case in future child custody proceedings
The courts in Florida always prioritize the child’s best interests in any custody dispute. This means they will not approve any unilateral decision made that could interrupt the established parenting arrangements.
Our Child Relocation Attorney in Tampa Can Help You Through the Process
There is a very specific process in Florida for parents who want to relocate and if proper procedure is not followed, there can be harsh consequences. At Florida Law Advisers, P.A., our Tampa child relocation attorney can guide you through the process, give you the best chance of obtaining consent, and ensure you do not face any harsh penalties for moving. Call us now at 1 (800) 990-7763 or contact us online to request a consultation and to learn more about how we can help.
Source:
flhouse.gov/Statutes/2025/0061.13001/
