You learn about a new job, a new partner, or a chance to move closer to family, and suddenly you are wondering if you can even leave Naples with your child. At the same time, you may be afraid that if the other parent moves away, your regular time with your child could disappear. Those questions hit fast, and most parents quickly realize that relocation is not as simple as packing boxes and changing schools.
For families in Naples, Collier County, and Lee County, relocation with a child is not only a practical decision. It is also a legal issue that can change custody, timesharing, holidays, and even child support. Parents often tell us they thought a short move within Southwest Florida would not matter, or that majority timesharing meant they could move when they chose. Florida law treats relocation differently, and understanding the rules early can make the difference between a thoughtful plan and a crisis in court.
At Family First Legal Group, our team focuses on family law in Naples and throughout Collier and Lee County. We regularly work with parents who are planning a move, opposing a move, or trying to fix problems that began because someone relocated first and dealt with court orders later. In this guide, we walk through how Florida law looks at child relocation, how it can change your existing parenting plan, and what steps you can take now to protect your relationship with your child.
How Florida Law Defines Child Relocation From Naples
Florida law uses a specific concept of relocation to decide when a parent needs consent or a court order to move with a child. In general terms, relocation means a change in the location of the child’s principal residence for a defined length of time, beyond a set distance from the current home. It is not about whether you cross county or state lines. It is about how far the child’s new home is from the home listed in the existing parenting plan or court order.
Parents are sometimes surprised that relocation rules can apply even if they stay within Florida. For example, a move from Naples to a city several counties away can easily pass the distance threshold that Florida uses in the statute. A relocation from Naples to the east coast of Florida or to another state almost always falls within the relocation definition. By contrast, changing apartments a few miles away within Naples usually does not count as a legal relocation, even though it may still affect the logistics of your timesharing schedule.
Temporary trips usually do not trigger Florida’s relocation rules. A short summer visit with grandparents or a brief out of state work assignment, as long as the child’s principal home remains in Naples, is different from a long term change in residence. The key question is whether the child’s main home is moving. Because this turns on specific facts and the exact language in your parenting plan, we often review Collier and Lee County orders for parents to identify whether a planned move will count as a relocation under Florida law.
When You Need Consent Or A Court Order To Move With Your Child
Once a planned move meets Florida’s definition of relocation, a parent cannot simply move the child and hope to sort things out later. There are two main paths for a legal relocation. The first is a written agreement between both parents that addresses the new residence and a revised timesharing schedule. The second is filing a petition to relocate and asking the court to decide when the other parent does not agree.
A valid agreement should be in writing, signed by both parents, and specific. It typically states the new address or at least the city and state, sets out a revised timesharing plan, and addresses transportation arrangements. In many cases, the agreement is submitted to the court so the current parenting plan can be modified. Parents sometimes rely on text messages or informal emails, but those can be misread, lost, or later denied. An informal “sure, we will figure it out” message rarely gives the protection a relocating parent assumes they have.
If the other parent does not consent, or if there is no clear written agreement, the relocating parent usually needs to file a petition to relocate in the court that issued the original parenting plan. In Naples and the rest of Collier County, that typically means going back to the family division that handled your divorce or paternity case. The petition outlines the reasons for the move, details about the new residence, and a proposed timesharing schedule. The other parent then has a chance to object, and the court schedules hearings as needed based on its docket and the complexity of the case.
Moving a child without consent or a court order can lead to serious problems. Judges can require the child to be returned, change primary residence, or modify timesharing in ways that the moving parent did not expect. The court may also look closely at whether the relocating parent respected existing orders. At Family First Legal Group, we help Naples area parents evaluate whether they truly have consent, prepare formal agreements, and file relocation petitions when needed, rather than risking a move that puts them in conflict with the court.
How Naples Courts Decide If Relocation Is In A Child’s Best Interests
Even when a parent has strong reasons for wanting to move, a judge in Collier or Lee County does not approve or deny relocation based on which parent is more frustrated or whose life will be easier. The court must decide whether the proposed relocation is in the child’s best interests. This is a detailed, child-focused analysis that looks far beyond miles on a map.
Florida law sets out a list of factors judges consider in relocation disputes. While each case is unique, courts generally look at:
- The child’s relationship with each parent, including who handles daily routines, school, and activities.
- The age and needs of the child, and how the move might affect the child’s emotional, educational, and social development.
- The reasons each parent gives, including the relocating parent’s reasons for moving and the other parent’s reasons for objecting.
- The feasibility of preserving the relationship between the child and the non-relocating parent through a new timesharing schedule and communication methods.
- The level of involvement and support from both parents, extended family, and the community in both the current and proposed locations.
For example, the court might view a proposed relocation from Naples to a city where the child will have stable housing, a solid school, and nearby grandparents differently from a move based only on a desire for a fresh start without a clear plan. Likewise, if the non-relocating parent has been deeply involved in daily life, coaches teams, and attends school events regularly, a judge will weigh the impact of drastically reducing that contact. On the other hand, if the non-relocating parent rarely uses their timesharing and has limited contact, that will also factor into the analysis.
Judges in Naples and surrounding areas must balance all of these factors. They do not grant relocation simply because one parent has majority timesharing or a better job offer. At Family First Legal Group, we frame relocation requests and objections around this best-interest standard, focusing on the child’s stability, their relationships with both parents, and realistic plans to maintain those relationships over the long term.
How Relocation Can Change Timesharing, Holidays, And Child Support
When a court approves relocation, the existing parenting plan almost always needs significant changes. The old schedule, which might have involved frequent weeknight dinners and alternating weekends in Naples, may no longer be possible. Instead, judges often look for ways to balance less frequent in-person contact with longer uninterrupted blocks of time for the non-relocating parent.
In practice, this can mean moving to a schedule that gives the non-relocating parent extended time during school breaks, long weekends, and summers. For instance, a parent who used to have regular weeknight visits might receive most of the summer, alternating major holidays, and several long breaks during the school year. In some cases, the court may grant additional virtual contact, such as scheduled video calls, to help maintain the relationship between in-person visits.
Transportation is another major issue. Parenting plans after relocation often spell out who is responsible for travel, where exchanges will take place, and how costs are shared. If a child is flying between cities, the plan might set age-appropriate rules for flights, airport escorts, and ticket purchases. If the parents drive, the plan may state where they meet and who drives which segments. These details matter, because vague arrangements can lead to frequent disputes and missed visits.
Relocation can also affect child support. A new timesharing schedule might shift the number of overnights each parent has, which can change guideline child support amounts. Travel expenses can also become a factor. In some cases, courts may adjust support to reflect significant transportation costs, although this is very fact specific. We work with Naples families to develop clear schedules and financial arrangements that reflect their real-world situation, so the parenting plan functions as smoothly as possible after a relocation decision is made.
Common Missteps Naples Parents Make In Relocation Cases
Many relocation problems start with understandable, but risky, assumptions. One of the most common missteps we see is a parent with majority timesharing assuming they can move whenever they choose, as long as they give notice. Florida law does not treat majority timesharing as a free pass to relocate. The court still focuses on the child’s best interests, and majority status is only one piece of a larger picture.
Another frequent mistake is moving first and planning to clean things up with the court later. A parent may accept a job offer, sign a lease in another city, move the child, and only then realize they needed consent or court approval. From a judge’s perspective, this can look like ignoring the parenting plan and undermining the other parent’s relationship with the child. That perception can hurt the relocating parent’s credibility and make it harder to achieve a lasting arrangement that reflects their goals.
Parents also get into trouble when they rely on casual agreements instead of formal modifications. One parent might say over text that they are fine with the move, but later, when conflict arises, claim they never truly agreed. Without a signed agreement or court order, it becomes a messy credibility fight. Similarly, failing to present a detailed, realistic post-relocation parenting plan can make a relocation request seem one-sided or unworkable from the court’s point of view.
High conflict behavior can also backfire. Judges pay attention to whether a parent supports or undermines the child’s relationship with the other parent. Disparaging comments, attempts to cut off contact, or involving the child in adult disputes can weigh heavily against a parent in a relocation hearing. At Family First Legal Group, we focus on respectful, child-centered strategies and help parents in Collier and Lee County avoid these missteps so they present as thoughtful and cooperative in front of the court.
Practical Steps To Take Before You Move Or Respond To A Relocation Request
Once relocation is on your radar, it can be tempting to act quickly. Taking a few deliberate steps before you move or respond can put you in a much better position. Start by locating and reviewing your current parenting plan or custody order. Look for any language about relocation, address changes, school decisions, and dispute resolution. Having a clear understanding of what the existing order says will help you see what needs to change and what the court may focus on.
Next, gather information about the proposed move and the child’s current life in Naples. This can include school records, information about the new school, details about either community’s support network, and evidence of each parent’s involvement, such as attendance at medical appointments, school events, and extracurricular activities. Courts in Collier and Lee County frequently look at patterns over time, not just recent weeks, so it helps to have a broad picture of each parent’s role.
It also makes sense to think through specific timesharing options before you file anything. Consider what school-year schedule, holiday rotation, and travel arrangements might work given distances, costs, and the child’s age. Parents often find that once they sketch out practical options on paper, some ideas that sounded good in theory are not realistic. Bringing a concrete, balanced proposal to the table usually reads better to the court than vague promises to work it out later.
Some practical steps that can help include:
- Review your current parenting plan, orders, and any prior modifications carefully.
- Collect information about the child’s school, activities, and medical care in Naples and in the proposed new community.
- Document each parent’s involvement with the child over time, including parenting tasks and time together.
- Sketch out at least one realistic alternative timesharing schedule that preserves meaningful contact with both parents.
- Avoid major commitments such as leases or job contracts that assume relocation will be approved, until you understand the legal landscape.
- Schedule a consultation with a Naples family law attorney to review your situation before you agree or object in writing.
At Family First Legal Group, we meet with parents at this planning stage to talk through timelines, court procedures in Collier and Lee County, and the practical impact of different choices. Addressing these issues early can reduce last minute emergencies and give you time to build a strong, child-focused plan.
How Family First Legal Group Supports Naples Families Facing Relocation
Relocation decisions can reshape a child’s daily life and each parent’s role in ways that last for years. Navigating that process without guidance can feel overwhelming. Our team at Family First Legal Group focuses on family law in Naples and throughout Collier and Lee County, including custody, timesharing, support, and the many forms of parenting plan modifications that come with modern family life, such as relocation.
We work with both relocating and non-relocating parents. For parents considering a move, we help evaluate whether the plan qualifies as a legal relocation, what evidence supports the reasons for moving, and how to design a detailed post-relocation parenting schedule. For parents who are concerned about a proposed move, we explain their rights, review the other parent’s plan, and develop a strategy to oppose or reshape the relocation in a way that protects their relationship with the child. Whenever possible, we aim for negotiated solutions that spare families the stress of a contested hearing, while fully preparing to present their case in court when agreement is not possible.
Our lawyers, paralegals, and support staff are committed to creating a supportive environment during these difficult decisions. We know that relocation cases are not just about legal standards. They are about children, routines, and relationships. Our approach, which has earned recognition in the family law field, centers on clear communication, respectful advocacy, and personalized guidance that puts your child’s needs at the forefront.
If relocation is on the horizon for your family in Naples or anywhere in Collier or Lee County, you do not have to sort it out alone. A focused consultation can help you understand how the law applies to your parenting plan and what options you truly have, before you sign a lease or agree to a move that changes everything.
Call (239) 319-4441 to talk with our team about your child custody relocation questions.