Relocating Your Children After a Florida Divorce

Relocation is one of the most stressful issues in Florida custody cases because it can permanently change a child’s day-to-day life, and it can dramatically reduce the non-moving parent’s time-sharing.

On the Florida Family Law Podcast, Alex Peterson, owner of Family First Legal Group, breaks down how Florida relocation law works at a practical level, including what triggers the statute, what must be filed, and what courts focus on when a relocation is contested.

What Counts as a “Relocation” In Florida?

Florida’s relocation statute is Fla. Stat. § 61.13001. Under the statute, “relocation” generally means:

• A change in a parent’s principal residence that is at least 50 miles from the parent’s principal residence used for the current time-sharing order (or from the residence at the time the case is filed), and
• The move is for 60 consecutive days or more, not counting temporary absences for things like vacation, education, or a child’s healthcare.

One practical wrinkle Alex flags: depending on where the case is, courts have taken different views over time about whether a parent must file a relocation petition even if the move wouldn’t change the child’s primary residence (or even the schedule). When in doubt, experienced counsel will typically treat the issue conservatively and address it before moving.

How Relocation Requests Work

Relocation cases usually fall into one of two tracks:

• Agreement: If both parents agree to the move and the required written agreement is properly handled under the statute, relocation can be much smoother.
• Contested Relocation: Most cases are contested because there’s no real “splitting the difference” when one parent wants to move far away with the children and the other parent wants to stay close.

If you’re the parent seeking to relocate, the petition requirements are strict. The statute lays out what must be included, and courts expect the request to be supported, specific, and credible. Relocation isn’t the kind of issue you can “rough draft” and hope for the best.

Objecting Has to Be Done Correctly

If you’re served with a relocation petition and you oppose it, Alex emphasizes that the objection process is not optional or casual.

Florida requires that an objection be verified and include a specific factual basis for why the relocation should not be allowed, including the objecting parent’s involvement in the child’s life.

Failing to respond properly can put you at risk of the relocation being granted, even without a full evidentiary hearing in some circumstances. In other words: if you oppose relocation, you must act quickly and do it right.

How Courts Decide Contested Relocation

A key point in Florida relocation law: there is no automatic presumption for or against relocation if the move would materially affect the current time-sharing schedule. Instead, the court evaluates statutory factors and decides what is in the child’s best interests in the relocation context.

Courts typically focus on practical, child-centered questions like:

• How involved has each parent been, historically and currently?
• What will happen to the child’s stability (school, community, routines, special needs supports)?
• Can the non-relocating parent maintain a meaningful relationship under a long-distance schedule?
• Why is the relocating parent moving, and why is the other parent opposing?
• Will the move genuinely improve the child’s quality of life (and not just the relocating parent’s preferences)?
• Are there safety concerns, including substance abuse or domestic violence?
• Is the request made in good faith?

Alex gives examples that show how much the “why” matters. A relocation tied to a major, concrete opportunity (or a child’s specialized needs being better served elsewhere) can be compelling. A relocation driven primarily by a new relationship often faces heavier scrutiny, especially if it uproots a child from a stable, involved co-parenting setup.

Timing: Relocation Cases Move Faster

One of the few “good news” items: relocation cases receive statutory priority on the court’s calendar.

• Temporary relocation hearings are generally expected to happen quickly (often within 30 days after a motion is filed, absent good cause).
• Trials on relocation issues are also pushed forward compared to most family cases (often within 90 days after the case is noticed for trial, absent good cause).

That speed is intentional because job offers expire, school enrollment deadlines arrive, and delays can effectively decide the case for you.

What Long-Distance Parenting Plans Usually Look Like

When relocation is granted, Florida courts typically design a schedule that preserves meaningful contact, but it usually becomes a block schedule:

• The relocating parent often has the child during the school year.
• The non-relocating parent often receives extended time in the summer.
• Holidays like winter break, spring break, and Thanksgiving are often rotated or structured to maximize time where possible.
• Travel logistics and costs are commonly allocated based on the parties’ financial circumstances (often tied to proportional income in practice).

If relocation is denied and the parent moves anyway, the schedule can flip, meaning the relocating parent may become the “breaks and summer” parent.

Either way, relocation can reshape time-sharing, child support, travel costs, and the day-to-day realities of parenting.

Why Relocation Cases Are So Hard To DIY

Alex describes relocation as both fact-intensive and law-intensive. The facts matter (history, stability, involvement, opportunities), but the case can also be won or lost by procedure, including what gets filed, how it’s supported, how evidence is presented, and whether the statutory requirements are followed.

That’s why relocation cases often require more preparation than a “standard” custody dispute and why the stakes are higher and the margin for error is smaller.

About Family First Legal Group

Family First Legal Group represents clients in Southwest Florida in divorce and child custody matters, including relocation cases. If you’re considering a move, or you’ve been served with relocation papers, getting advice early can help you avoid procedural missteps and build a plan that fits your child’s best interests.