How Do Courts Decide on Child Relocation?
When a parent with custody of their child wants to relocate a certain distance after divorce, they must follow the child relocation laws outlined in state law. When custodial parents move a significant distance, it will have a real impact on parental rights, time-sharing arrangements and ultimately, the child’s well-being. Parents are prohibited from making unilateral decisions in most cases and so, they must follow the proper procedure. Below, our Tampa child relocation attorney explains in greater detail.
Florida’s Definition of Relocation
Moving closer to the child’s current school or within the same county is not likely considered child relocation because the impact on the entire family will be minimal. State law defines child relocation as the following:
- The move is greater than 50 miles from the child’s current residence,
- The move will last for at least 60 days, and
- The move will impact a time-sharing or custody order.
When a move is temporary, such as for an educational trip or a vacation, it is not considered relocation under Florida law.
Consent is Required for Relocation
When one parent wants to relocate with a child, they must obtain consent from the other parent. If the non-moving parent does not consent to the relocation, the parent or person seeking to relocate must file a petition with the court to relocate and prove their case to obtain approval.
What Do Courts Consider in Child Relocation Matters?
In any child custody case, including relocation, the family courts will only consider what is in the child’s best interest. They will not consider parental preference, which becomes particularly important in child relocation cases. A judge will consider many factors, which are as follows:
- The child’s relationship with each parent: If the move will limit the child’s ability to maintain a relationship with the non-moving parent, the court may not approve relocation with the child.
- The reason for the move: If the move is to obtain better education, employment, or better living conditions, that could work in favor of the relocating parent. If the reason for the move is simply to alienate the child from the non-moving parent, the court will not approve the move.
- The impact on the child’s well-being: The court will consider whether the child will have access to better medical care, education, or a strong support system.
- The child’s preference: If the child is of a certain age and maturity, the court may consider their preference.
- Any history of parent misconduct: Any history of domestic violence, neglect, or abuse will also be heavily considered by the courts.
Our Child Relocation Attorney in Tampa Can Help
Whether you want to relocate with your child or object to a move, our Tampa child relocation attorney at Florida Law Advisers, P.A. can help. We can help you navigate the process and help you prove your case so you obtain the most successful outcome. Call us today at 1 (800) 990-7763 or contact us online to request a consultation and to get the legal help you need.
Source:
flhouse.gov/Statutes/2025/0061.13001/
