Life after divorce often brings unexpected opportunities and fresh starts. Maybe you’ve received that dream job offer in another state, or perhaps family circumstances require you to relocate closer to aging parents. Whatever your reasons, if you’re considering moving out of state with your children after a Florida divorce, you’re facing one of the most complex areas of family law.
The good news? Florida law provides a clear framework for these situations, though the process requires careful attention to detail and proper legal procedures. This guide will walk you through everything you need to know about relocating with your children, from the initial decision-making process to finalizing your move.
What Does Florida Law Consider “Relocation”?
Before diving into the legal requirements, it’s important to recognize what Florida law actually defines as relocation. Under Florida Statute 61.13001, “relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.
This means that even moves within Florida can trigger relocation requirements if you’re moving more than 50 miles from your current residence. The law doesn’t distinguish between in-state and out-of-state moves when it comes to the 50-mile threshold.
Can I Move Out of State with My Child After Divorce?
The short answer is: it depends on your specific circumstances and whether you follow the proper legal procedures. Florida law doesn’t prohibit relocation with children after divorce, but it does require you to either obtain agreement from the other parent or receive court approval.
Florida Statute 61.13001 specifically addresses the issue of relocation. This statute prevents a residential parent from relocating their residence more than 50 miles unless the parties enter into a written agreement before the move or a court approves the relocation.
The key factors that will influence your ability to relocate include:
- Whether the other parent agrees to the move
- The current custody arrangement and parenting plan
- Your reasons for relocating
- How the move will impact your child’s relationship with the other parent
- The overall best interests of your child
Do I Need Permission from My Ex to Move Out of State?
While Florida law doesn’t require explicit “permission” from your ex-spouse, it does require either their written agreement or court approval for any relocation that meets the statutory definition.
When You Need Agreement or Court Approval
You must obtain either written agreement from the other parent or court approval if:
- You’re moving more than 50 miles from your current principal residence
- The move will last for at least 60 consecutive days
- There’s an existing custody order or parenting plan in place
- The other parent has time-sharing rights with your child
When You Might Not Need Additional Approval
There are limited circumstances where you might not need to follow the full relocation procedures:
- Short-term moves for vacation, education, or medical care
- Moves within 50 miles of your current residence
- Temporary relocations lasting less than 60 consecutive days
However, even in these situations, you should review your existing parenting plan or custody order, as it may contain specific provisions about travel or temporary relocations.
How to Get Permission to Move Out of State with My Child in Florida
The process for obtaining permission to relocate varies depending on whether the other parent agrees to the move or objects to it.
Option 1: Agreement with the Other Parent
The easiest path to relocation approval is reaching an agreement with the other parent and any other individuals who have time-sharing rights with your child. If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may satisfy the requirements of this section by signing a written agreement that: Reflects consent to the relocation; Defines an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to access or time-sharing; and Describes, if necessary, any transportation arrangements related to access or time-sharing.
The written agreement must include:
- Clear consent to the relocation from all parties
- A detailed schedule for access and time-sharing with the nonrelocating parent
- Transportation arrangements for maintaining the parent-child relationship
- Any other relevant provisions for maintaining contact
Once you have a signed agreement, you’ll need to file it with the court for ratification. If there is an existing cause of action, judgment, or decree of record pertaining to the child’s residence or a time-sharing schedule, the parties shall seek ratification of the agreement by court order without the necessity of an evidentiary hearing unless a hearing is requested, in writing, by one or more of the parties to the agreement within 10 days after the date the agreement is filed with the court.
Option 2: Filing a Petition to Relocate
If you cannot reach an agreement with the other parent, you must file a formal petition to relocate with the court. This process is more complex and requires careful attention to specific requirements.
Required Information in Your Petition
The petition to relocate must be signed under oath or affirmation under penalty of perjury and include: A description of the location of the intended new residence, including the state, city, and specific physical address, if known. The mailing address of the intended new residence, if not the same as the physical address, if known. The home telephone number of the intended new residence, if known. The date of the intended move or proposed relocation. A detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition. A proposal for the revised postrelocation schedule for access and time-sharing together with a proposal for the postrelocation transportation arrangements necessary to effectuate time-sharing with the child.
Your petition must also include a specific warning statement to the other parent about their right to object to the relocation.
Service Requirements
The petition to relocate must be served on the other parent and on every other person entitled to access to and time-sharing with the child. If there is a pending court action regarding the child, service of process may be according to court rule. Otherwise, service of process shall be according to chapters 48 and 49 or via certified mail, restricted delivery, return receipt requested.
The Other Parent’s Response Time
Once you serve the petition, the other parent has limited time to respond. A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING
If the other parent fails to respond within 20 days, the court will likely approve your relocation request without a hearing, provided it appears to be in your child’s best interests.
What Factors Does the Court Consider for Out-of-State Moves?
When the other parent objects to your relocation request, the court must conduct a thorough analysis of multiple factors to determine whether the move serves your child’s best interests. A presumption in favor of or against a request to relocate with the child does not arise if a parent or other person seeks to relocate and the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person.
The court will evaluate all of the following factors:
Relationship Quality and Duration
The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
This factor examines the strength and importance of your child’s various relationships. The court will consider not just the relationship with each parent, but also connections with extended family, siblings, and other meaningful people in your child’s life.
Child’s Age and Developmental Needs
The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
Younger children may adapt more easily to relocation, while teenagers might face greater disruption to their social relationships and educational continuity. Children with special needs require additional consideration regarding the availability of appropriate services and support systems in the new location.
Maintaining the Parent-Child Relationship
The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
This is often one of the most important factors. The court wants assurance that your child will maintain a meaningful relationship with the other parent despite the distance. You’ll need to present a realistic plan for facilitating this relationship, including consideration of travel costs and logistics.
Child’s Preferences
The child’s preference, taking into consideration the age and maturity of the child.
While not determinative, older children’s preferences carry more weight in the court’s decision-making process. The court will consider whether your child is mature enough to express a meaningful preference.
Quality of Life Enhancement
Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
You’ll need to demonstrate concrete benefits that the relocation will provide for both you and your child. This might include better employment opportunities, educational advantages, or improved family support systems.
Reasons for and Against Relocation
The reasons each parent or other person is seeking or opposing the relocation.
The court will examine the motivations behind both your desire to relocate and the other parent’s objections. Good faith reasons for relocation are viewed more favorably than attempts to interfere with the other parent’s relationship with the child.
Economic Circumstances
The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
Economic necessity or significant financial improvement can be compelling reasons for relocation, but the court will also consider the financial impact on the other parent’s ability to maintain contact with the child.
Good Faith and Financial Obligations
That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
Your history of compliance with court orders and the other parent’s history of meeting financial obligations can influence the court’s decision.
Impact on the Objecting Parent
The career and other opportunities available to the objecting parent or other person if the relocation occurs.
The court will consider whether the other parent could potentially relocate as well to maintain proximity to the child.
History of Abuse or Substance Issues
A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
Any history of domestic violence or substance abuse by either parent will be carefully considered, as these issues directly impact child safety and wellbeing.
What Are Valid Reasons for Moving Out of State with My Child?
While Florida law doesn’t specify certain reasons as automatically valid or invalid, some circumstances are more likely to result in court approval than others.
Commonly Accepted Reasons Include:
Employment Opportunities New job offers, promotions, or transfers that provide significant financial benefits or career advancement opportunities are often viewed favorably by courts. If you’re including a job offer as justification, make sure to attach the written offer to your petition.
Educational Opportunities Better schools for your child, graduate school opportunities for yourself, or specialized educational programs that aren’t available locally can support your relocation request.
Family Support Systems Moving closer to extended family who can provide childcare, emotional support, or assistance during difficult times demonstrates consideration for your child’s overall wellbeing.
Health and Medical Needs Access to specialized medical care for you or your child that isn’t available in Florida can be a compelling reason for relocation.
Cost of Living Improvements Relocating to an area with significantly lower cost of living that would improve your family’s financial stability.
Military Orders Active duty military personnel may be required to relocate due to permanent change of station orders.
Less Favorable Reasons:
Romantic Relationships Moving primarily to be with a new romantic partner is typically viewed less favorably, especially if it appears to be the sole motivation for relocation.
General Dissatisfaction Simply wanting a change of scenery or being unhappy with life in Florida without concrete benefits for your child is unlikely to support approval.
Interfering with the Other Parent Any indication that you’re relocating primarily to limit the other parent’s contact with your child will severely damage your case.
What Happens If I Move Without Permission?
Relocating the child without complying with the requirements of this subsection subjects the party in violation to contempt and other proceedings to compel the return of the child and may be taken into account by the court in any initial or postjudgment action seeking a determination or modification of the parenting plan or the access or time-sharing schedule as: A factor in making a determination regarding the relocation of a child. A factor in determining whether the parenting plan or the access or time-sharing schedule should be modified. A basis for ordering the temporary or permanent return of the child. Sufficient cause to order the parent or other person seeking to relocate the child to pay reasonable expenses and attorney’s fees incurred by the party objecting to the relocation. Sufficient cause for the award of reasonable attorney’s fees and costs, including interim travel expenses incident to access or time-sharing or securing the return of the child.
The consequences of unauthorized relocation can be severe and long-lasting:
Immediate Consequences:
- Contempt of court charges
- Orders requiring immediate return of the child to Florida
- Emergency hearings and injunctions
- Temporary suspension of your time-sharing rights
- Financial responsibility for the other parent’s legal fees and travel expenses
Long-term Impact on Future Cases:
- Your unauthorized move will be considered in any future custody modifications
- Damage to your credibility with the court
- Potential impact on your parental rights
- Difficulty obtaining approval for future relocation requests
How Long Does the Court Process Take?
Florida law provides specific timeframes for relocation proceedings to ensure they receive priority attention. An evidentiary hearing or nonjury trial on a pleading seeking temporary or permanent relief filed under this section shall be accorded priority on the court’s calendar. If a motion seeking a temporary relocation is filed, absent good cause, the hearing must occur no later than 30 days after the motion for a temporary relocation is filed. If a notice to set the matter for a nonjury trial is filed, absent good cause, the nonjury trial must occur no later than 90 days after the notice is filed.
Typical Timeline:
Uncontested Cases (With Agreement):
- 2-4 weeks for court ratification if no hearing is requested
- May be expedited if all parties are in agreement
Contested Cases:
- 20 days for the other parent to file objections
- Up to 30 days for temporary relocation hearings
- Up to 90 days for final trial
- Additional time may be needed for complex cases or appeals
Temporary Relocation Orders
If you need to relocate before the final hearing due to urgent circumstances (such as immediate job start dates), you can request a temporary relocation order. The court may grant a temporary order permitting the relocation of the child pending final hearing, if the court finds: That the petition to relocate was properly filed and is otherwise in compliance with subsection (3); and From an examination of the evidence presented at the preliminary hearing, that there is a likelihood that on final hearing the court will approve the relocation of the child, which findings must be supported by the same factual basis as would be necessary to support approving the relocation in a final judgment.
Can the Other Parent Stop Me from Moving Out of State?
The other parent can object to your relocation request, but they cannot automatically prevent you from moving. However, their objection can significantly complicate the process and potentially result in court denial of your request.
What the Other Parent Must Prove
The parent or other person wishing to relocate has the burden of proving by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the nonrelocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.
Initially, you bear the burden of proving that relocation serves your child’s best interests. If you meet this burden, the responsibility shifts to the other parent to demonstrate why the move would harm your child.
Common Objection Strategies
The other parent might argue that relocation would:
- Severely damage their relationship with the child
- Disrupt the child’s established routines and relationships
- Create financial hardship in maintaining contact
- Remove the child from beneficial educational or extracurricular opportunities
- Cause emotional harm due to separation from community ties
Strengthening Your Position Against Objections
To counter potential objections, consider:
- Developing a comprehensive plan for maintaining the parent-child relationship
- Demonstrating concrete benefits the move will provide for your child
- Showing flexibility in scheduling and transportation arrangements
- Providing evidence of your commitment to fostering the other parent’s relationship with your child
- Addressing any concerns about the new location’s safety, schools, or opportunities
How Will Relocation Affect Child Support and Custody Arrangements?
Relocation typically requires modifications to both custody arrangements and potentially child support calculations.
Time-Sharing Modifications
When relocation is approved, the court will need to establish new time-sharing arrangements that account for the distance between parents. If relocation is approved: The court may, in its discretion, order contact with the nonrelocating parent or other person, including access, time-sharing, telephone, Internet, webcam, and other arrangements sufficient to ensure that the child has frequent, continuing, and meaningful contact with the nonrelocating parent or other person, if contact is financially affordable and in the best interest of the child.
Common modifications include:
- Extended holiday and summer visitation periods
- Alternating school breaks and holidays
- Regular virtual contact through video calls
- Flexible scheduling around travel logistics
Transportation Costs
If applicable, the court shall specify how the transportation costs are to be allocated between the parents and other persons entitled to contact, access, and time-sharing and may adjust the child support award, as appropriate, considering the costs of transportation and the respective net incomes of the parents in accordance with the state child support guidelines schedule.
Transportation cost allocation varies based on:
- Each parent’s financial circumstances
- The reason for relocation
- Who initiated the move
- The distance involved
- Existing child support arrangements
Child Support Adjustments
The court may modify child support to account for:
- Changes in time-sharing percentages
- Transportation costs
- Differences in cost of living between locations
- Changes in either parent’s income due to relocation
Building a Strong Case for Relocation
Success in relocation cases often depends on thorough preparation and compelling evidence.
Document Everything
Maintain detailed records of:
- Your reasons for relocating
- Job offers or employment documentation
- Research about schools and opportunities in the new location
- Communication with the other parent about the proposed move
- Your child’s current activities and relationships
- Plans for maintaining important relationships after the move
Develop a Comprehensive Parenting Plan
Your proposed post-relocation parenting plan should address:
- Specific time-sharing schedules for holidays and breaks
- Transportation arrangements and cost-sharing
- Communication methods for regular contact
- Procedures for handling schedule changes
- Plans for the child to maintain friendships and activities
- Emergency contact procedures
Consider Professional Evaluations
In complex cases, consider:
- Child custody evaluations by qualified professionals
- Testimony from your child’s teachers, counselors, or therapists
- Financial analysis of the proposed relocation’s impact
- Expert testimony about the benefits of the new location
Focus on Your Child’s Best Interests
Every aspect of your case should demonstrate how relocation serves your child’s best interests rather than just your own preferences. Be prepared to address potential negatives and show how you’ll mitigate any adverse impacts.
Special Considerations for Different Situations
Military Families
Military families face unique relocation challenges due to mandatory relocations and deployment schedules. Florida courts generally recognize the realities of military service, but you should still follow proper procedures and consider:
- Providing official military orders
- Planning for deployment schedules in custody arrangements
- Considering the stability benefits of maintaining family connections
- Addressing potential future relocations
International Relocation
Moving to another country involves additional complexities:
- International custody enforcement challenges
- Different legal systems and family law requirements
- Travel document and passport considerations
- Communication and travel logistics
- Currency and cost-of-living factors
Temporary vs. Permanent Moves
Some relocations are intended to be temporary, such as:
- Graduate school programs
- Short-term work assignments
- Caring for ill family members
- Military training programs
Even temporary moves may require court approval if they meet the statutory definition of relocation.
Emergency Relocations
In cases involving domestic violence or other safety concerns, immediate relocation may be necessary for protection. These situations require:
- Proper documentation of safety concerns
- Potentially seeking protective orders
- Following emergency court procedures
- Balancing safety needs with legal requirements
Key Takeaways
Successfully relocating with your children after a Florida divorce requires careful attention to legal requirements and strategic planning. Remember these essential points:
- Florida law requires either written agreement from the other parent or court approval for moves over 50 miles lasting more than 60 consecutive days
- You bear the initial burden of proving that relocation serves your child’s best interests
- The court considers multiple factors, with no presumption for or against relocation
- Unauthorized relocation can result in serious legal consequences, including forced return of your child
- Proper documentation and comprehensive planning significantly improve your chances of success
- Transportation costs and modified time-sharing arrangements must be addressed
- Emergency situations may require special procedures, but don’t eliminate legal requirements
The relocation process can be complex and emotionally challenging, but with proper legal guidance and thorough preparation, you can present a compelling case that demonstrates how your proposed move will benefit your child’s future.
Frequently Asked Questions
Can I move out of state with my child if there’s no custody order?
Even without a formal custody order, Florida’s relocation statute may still apply if there are any existing orders granting time-sharing, residential care, or visitation rights to the other parent. Additionally, the other parent could seek emergency relief to prevent unauthorized relocation. It’s always better to address relocation through proper legal channels rather than risk future complications.
What if my ex agrees to the move but later changes their mind?
Once you have a written agreement that’s been ratified by the court, the other parent cannot simply change their mind without going through the legal process to modify the order. However, if they haven’t yet signed an agreement or if the court hasn’t ratified it, they can withdraw their consent before the process is complete.
How far in advance should I start the relocation process?
Begin the process as soon as you know you want to relocate. The legal process can take several months, especially if the other parent objects. Starting early gives you time to build a strong case, negotiate agreements, and handle any complications that arise. If you have firm moving dates due to employment or other factors, communicate these timelines clearly in your legal proceedings.
Can grandparents or other family members object to my relocation?
Yes, if grandparents or other family members have court-ordered time-sharing or visitation rights with your child, they must be served with the relocation petition and have the right to object. Their objections will be considered along with the other parent’s concerns in the court’s decision-making process.
What happens to my child support if we move to a state with different costs of living?
Child support may be modified to account for differences in living costs, transportation expenses, and changes in time-sharing arrangements. However, the modification isn’t automatic – you’ll need to request it through the court system. The court will consider both parents’ financial circumstances and the child support guidelines when making adjustments.
Can my child refuse to move even if the court approves relocation?
While the court considers your child’s preferences (especially for older, more mature children), the final decision rests with the court based on the child’s best interests. If your child strongly objects to the move, this opposition will be considered as one factor among many, but it’s not determinative by itself.
What if I need to move immediately for work but don’t have time for the full court process?
You can request a temporary relocation order that allows you to move pending the final hearing. However, you still must file the proper petition and follow legal procedures. The court will only grant temporary relocation if there’s a likelihood you’ll ultimately succeed in the final hearing and if immediate relocation is necessary.
How do I handle holiday and vacation schedules after relocating?
Your post-relocation parenting plan should address holiday and vacation schedules in detail. Typically, the nonrelocating parent receives extended time during school breaks, summer vacation, and alternating holidays to make up for reduced regular contact. Transportation arrangements and costs should also be clearly defined.
Can I relocate within Florida without going through this process?
You must follow the relocation process for any move within Florida that’s more than 50 miles from your current residence and lasts more than 60 consecutive days. The law doesn’t distinguish between in-state and out-of-state moves when applying the 50-mile threshold.
What if my ex hasn’t been paying child support – does this affect my relocation case?
The other parent’s failure to meet financial obligations, including child support, is one factor the court will consider when evaluating your relocation request. However, this alone won’t guarantee approval of your request. The court will still analyze all relevant factors to determine what’s in your child’s best interests.
Contact Figueroa Law Group for Your Florida Relocation Case
Relocating with children after divorce involves navigating complex legal requirements while managing emotional challenges for your entire family. At Figueroa Law Group, we understand that your decision to relocate represents an important step toward building a better future for you and your children.
Our Melbourne family law team has extensive experience helping parents successfully relocate while protecting their children’s best interests and maintaining important family relationships. We’ll work with you to develop a comprehensive strategy that addresses every aspect of your relocation case, from initial agreement negotiations to courtroom advocacy if needed.
Don’t let uncertainty about Florida’s relocation laws prevent you from pursuing opportunities that could benefit your family’s future. Whether you’re facing agreement negotiations with your ex-spouse or preparing for contested court proceedings, we’re here to guide you through every step of the process.
Ready to discuss your relocation goals and legal options? Contact Figueroa Law Group today to schedule your consultation and take the first step toward your family’s new beginning. We’re committed to helping you achieve a successful outcome that serves your children’s best interests while protecting your parental rights.