Relocating with a child in Florida under a custody order requires strict legal compliance. Florida law defines relocation as moving 50+ miles away for 60+ consecutive days. To avoid legal penalties, you must either get written consent from the other parent or court approval through a petition. Unauthorized moves can lead to severe consequences, including contempt charges, financial penalties, or changes to your custody arrangement.
Here’s what you need to know:
Failing to follow these steps can harm your custody rights. Always consult a family law attorney to navigate this process effectively.
6 Steps to Legally Relocate with a Child in Florida Under a Custody Order
Before making any plans, it’s crucial to determine if your move qualifies as a legal relocation under Florida law. This step will decide whether you’ll need court approval.
Start by looking at two key factors: distance and duration. For distance, use a mapping tool to measure from the address listed in your custody or time-sharing order to your new address. Florida law defines a relocation as a move that is at least 50 miles away. Keep in mind, the starting point is the address in your most recent custody order – not necessarily your current address, especially if you’ve moved since the order was issued. If you’re dealing with a pending custody case, use the address that was on record when the case began.
Next, check the duration of your move. Relocation laws apply if the move will last 60 consecutive days or more. Short-term absences, like vacations or temporary work assignments, don’t count.
Misjudging whether your move qualifies could lead to serious consequences, including being found in contempt of court, changes to your custody arrangement, or even financial penalties.
Finally, review your parenting plan for any clauses about relocation or address changes. If your plan was created before October 1, 2009, and doesn’t mention relocation, the current statute will apply. Taking this step ensures you’re safeguarding your parental rights while maintaining stability for your child.
Once you’ve confirmed your move qualifies as a relocation, the next step is reaching out to the other parent for written consent. This document is crucial because it allows you to proceed with court-approved relocation without needing an evidentiary hearing.
If both parents – and anyone else with court-ordered time-sharing rights – sign a written agreement, you can skip the formal petition process altogether. The agreement must be filed with the same circuit court that handled your original custody case. After filing, there’s a 10-day window for anyone to request a hearing. If no objections are raised during this time, the court generally assumes the relocation aligns with your child’s best interests and can approve it quickly.
This process spares you the time, expense, and stress of court battles. You avoid the 20-day response period, temporary hearings, and the need to prove the relocation benefits your child.
For your written agreement to hold up legally, it must include three key elements:
To ensure everything is handled correctly, you can use Florida Supreme Court Approved Family Law Form 12.950(a), titled "Agreement for Relocation with Minor Child(ren)." This form ensures compliance with legal requirements. Attach Form 12.995(c), the "Relocation/Long Distance Parenting Plan," which details the new visitation schedule and communication methods like phone or video calls. These forms cover everything the court needs, from holiday schedules to school breaks, making the process smoother and more efficient.
Choosing to work together on an agreement can save you a significant amount of money. Court battles often involve attorney fees for multiple hearings, document preparation, and trial time – costs that can quickly add up to thousands of dollars. With an agreement, these expenses are minimized since you’re formalizing decisions you’ve already made together.
More importantly, this approach helps maintain a cooperative co-parenting relationship. Prolonged litigation can create lasting conflict, which may negatively impact your child’s emotional well-being. By collaborating on a plan that respects both parents’ roles, you’re prioritizing your child’s needs and showing them that their well-being comes first. Plus, an agreement gives you control over the outcome, rather than leaving it up to a judge who might not rule in your favor.
If the other parent doesn’t agree to your move, the next step is to file a formal petition to relocate. You’ll need to submit this to the same circuit court that issued your original custody order. This petition is a legal request asking the court for permission to relocate with your child.
To do this, use Florida Supreme Court Approved Family Law Form 12.950(b), also known as the "Petition for Relocation." This document must be signed under oath, meaning you’re swearing under penalty of perjury that all the information provided is accurate. Make sure your petition is thorough and truthful – this serves as your official argument for why the move should be allowed.
The other parent has 20 days from the date they’re served to file an objection. If they don’t respond within this timeframe, the court may approve your relocation without holding a hearing, as long as the move aligns with your child’s best interests. Because of this, properly serving the petition is a critical step in the process. Below, we’ll cover what your petition needs to include and how to ensure proper service.
Florida law requires specific details in your petition. Start by providing the physical address of your new residence, including the state, city, and street address. If the exact street address isn’t available yet, include as much information as possible and update it once confirmed. Also, include a separate mailing address if it’s different, along with your new home phone number.
You’ll also need to state the exact date you plan to move and explain why you’re relocating. If your reason is related to a job, attach any supporting documents, such as a job offer, to strengthen your case.
Another critical component is a proposed time-sharing schedule. This should outline how your child will maintain a relationship with the non-relocating parent after the move. Use Form 12.995(c) to detail visitation arrangements and include a plan for transportation. Specify who will handle drop-offs and pick-ups, how travel expenses will be shared, and any other logistics for facilitating visits. Leaving out these elements could result in your petition being dismissed.
Lastly, your petition must include the following notice in all capital letters and in the same font size as the rest of the document:
"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."
- Florida Statute § 61.13001
Once your petition is filed – whether in Ocala or wherever your custody case originated – you’ll need to serve it to the other parent and anyone else with court-ordered time-sharing rights. Proper service ensures all parties are notified and given a chance to respond.
If there’s already an active court case involving your child, you can serve the petition following standard court rules. If no case is active, you’ll need to serve the petition via certified mail with restricted delivery and obtain a return receipt. This receipt serves as proof that the other parent received the petition, which starts the 20-day objection period. Alternatively, you can follow the service procedures outlined in Chapters 48 and 49 of the Florida Statutes, which cover formal service of process.
Be sure to keep the return receipt or any other proof of service in a secure place. This documentation is vital for showing the court that the other parent was properly notified. Without proof of service, the court cannot proceed with your case, and the 20-day objection period won’t begin. Skipping this step or failing to document it properly can delay your relocation request significantly.
Once you’ve filed and served your petition, the other parent has 20 days to file a written objection. If they submit their objection within this timeframe, you cannot proceed with relocating until the court grants permission. At this point, the process shifts to the next stage: a court hearing or trial. As the parent seeking relocation, you now carry the burden of proof. You’ll need to demonstrate that the move is in your child’s best interests, based on evidence. Florida courts approach these cases impartially, with no automatic bias for or against relocation.
The other parent must file a verified written objection with the court and ensure you receive a copy within the 20-day deadline. Florida Statute § 61.13001 requires that this objection include specific reasons for opposing the move. The objection must outline how the relocation could negatively impact the child and provide details about the objecting parent’s current role in the child’s life.
If the other parent doesn’t file their objection on time, the court will typically approve your relocation without holding a hearing, provided the move aligns with the child’s best interests. However, if they file a timely objection, the case will proceed to mediation or a court hearing. Florida courts prioritize relocation cases, scheduling a temporary relocation hearing within 30 days of filing and requiring a nonjury trial within 90 days after the notice to set the trial is filed.
Start preparing evidence that addresses the 11 statutory factors outlined in Florida Statute § 61.13001. These factors include your child’s relationship with each parent, their age and developmental needs, how the move might benefit their well-being, and how visitation schedules can be adjusted to maintain the bond with the non-relocating parent. Be thorough and methodical in gathering this information.
You’ll also need to create a detailed post-relocation parenting plan using Florida Family Law Form 12.995(c). This plan should include specifics about transportation – such as who will handle travel logistics, how costs will be divided, and how the other parent can maintain consistent communication with the child using tools like video calls. Courts appreciate when parents make thoughtful efforts to preserve the child’s relationship with both parents.
Additionally, ensure you can show proof of financial responsibility. This means being up to date on child support payments and addressing any shared marital debts. Demonstrating good faith in handling these obligations can positively influence the court’s view of your relocation request.
If you’re unsure about how to prepare your evidence or navigate the process, it’s a good idea to seek advice from experienced family law professionals, like the team at Law Firm Ocala (https://lawfirmocala.com). They can help guide you through the next steps.
If the other parent objects to your relocation, the next step is to present your case in court. You’ll need to show that moving is in your child’s best interest. This is done by proving, through a preponderance of the evidence (meaning it’s more likely true than not), that the relocation benefits your child. If you succeed, the responsibility shifts to the other parent to prove the move is not in your child’s best interest. Florida law doesn’t lean automatically for or against relocation – it’s all about the specific details of your case. To prepare, gather evidence that addresses the factors the court will consider.
When deciding on relocation cases, Florida judges carefully weigh several factors. They’ll assess your child’s relationships with parents, siblings, and other significant people in their life. Your child’s age and developmental needs are also key considerations, as the court evaluates how the move could affect their physical, emotional, and educational well-being.
Judges also examine whether the relocation offers improved living conditions. For instance, does the new location provide better financial stability, stronger emotional support, or enhanced educational opportunities? The court will also scrutinize parental behavior, including the sincerity of your reasons for moving, any history of substance abuse or domestic violence, and whether you’ve met your child support obligations. If your child is mature enough, their preference may also be taken into account.
To build a strong case, organize your evidence to address each of the court’s considerations. For example, if your move is job-related, include the written job offer with salary details in your petition – this is a mandatory step under Florida law.
If the move involves a better school for your child, include school ratings and program details. For instance, if your child is currently in a school rated “C” and the new school is rated “A,” this comparison can help illustrate the educational benefits.
Provide the address of your new residence and include details that highlight its stability, such as homeownership or a long-term lease. Show evidence of family support at the new location, like grandparents or other relatives who will play an active role in your child’s life. Photos, communication records, and testimony can help demonstrate these relationships.
Also, submit a detailed post-relocation parenting plan. This should include transportation arrangements for visitation and how costs will be divided. Finally, show proof that you’re up to date on child support payments and have consistently followed visitation orders. This demonstrates your good faith and commitment as a parent. This is your chance to make a thorough case before the court makes a decision.
Once the court issues a ruling, it’s crucial to comply immediately. If your request is denied, you cannot proceed with the move. If approved, follow all the conditions outlined by the court. The judge’s order takes effect right away and must be adhered to.
Once the court approves your relocation, you’ll need to follow the updated time-sharing schedule. Florida courts typically use Form 12.995(c), known as the "Relocation/Long Distance Parenting Plan", to detail these arrangements. This document outlines how and when the other parent will spend time with your child, including holidays, school breaks, and summer vacations.
To maintain your child’s relationship with the non-relocating parent, the court might require alternative communication methods, such as phone calls, video chats, or online messaging. It’s your responsibility to ensure these interactions happen regularly. Additionally, the court will clarify who handles transportation logistics, including drop-offs and pick-ups, and how the costs are divided between both parents. Keep thorough records of travel expenses, especially if cost-sharing or child support adjustments are part of the court’s decision.
If the relocation is granted under a temporary order, you might need to provide financial security to guarantee uninterrupted contact between your child and the other parent. This could involve posting a bond or offering another form of financial assurance until the court reaches a final decision. These measures ensure compliance with the court’s ruling.
Relocating without court approval can lead to serious legal consequences. Under Florida Statute § 61.13001, moving your child without the court’s permission or the other parent’s written consent can result in contempt of court, which may include fines or even jail time. The court can also order you to return the child to Ocala or the original jurisdiction immediately. Additionally, you may be required to cover the other parent’s attorney’s fees, court costs, and any travel expenses related to addressing the unauthorized move.
"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." – Florida Statute § 61.13001
An unauthorized move can severely impact your custody rights. The court may view your actions as evidence that you’re not acting in your child’s best interest. This could lead to a modification of the parenting plan, potentially reducing your time-sharing or even removing your primary residential responsibility. If you move without your child after a denied petition, you’ll need to file a separate petition to adjust the parenting plan for your new long-distance situation – and the court is unlikely to overlook your previous actions.
Relocating with a child under a Florida custody order requires careful attention to legal procedures. Every step, from ensuring your move fits the relocation criteria to addressing potential objections, plays a critical role in protecting your rights and your child’s well-being.
"A parent cannot move themselves or their child without permission from the other parent or the courts. Unauthorized moves invite contempt charges and other legal penalties." – Vanessa Vasquez de Lara, Founder and Managing Partner, Vasquez de Lara Law Group
Failing to follow the proper steps can have serious consequences. Courts may view unauthorized moves as harmful to a child’s best interests, which can negatively impact your custody arrangement. You could face contempt charges, be ordered to return your child, and even cover the other parent’s legal and travel expenses.
Given the complexity of relocation cases, it’s wise to consult with a family law attorney. The team at Law Firm Ocala (https://lawfirmocala.com) offers guidance on navigating the 11 factors judges consider in relocation cases, ensuring your petition meets all legal requirements, and representing you during hearings or mediation. They also provide free consultations to help you understand your legal options.
Taking the right steps now not only ensures compliance with Florida law but also protects your relationship with your child and your standing in court. Expert legal support can make all the difference in securing a favorable outcome.
Relocating with your child in Florida without getting court approval can lead to serious legal trouble. You might face contempt of court charges, risk losing custody rights, or encounter other penalties. On top of that, such actions could hurt your chances in future custody decisions, as Florida courts focus on what serves the child’s best interests.
To safeguard your parental rights and stay compliant with Florida custody laws, it’s crucial to follow the legal process before making any move. Seeking advice from a seasoned family law attorney can help you understand the requirements and steer clear of complications.
To prove that relocating is in your child’s best interest under Florida law, you must show how the move will positively affect their physical, emotional, and educational well-being. The court will weigh factors such as your child’s age, specific needs, and developmental stage. Another critical consideration is how the relocation might influence their relationship with the parent who is not moving.
It’s important to present evidence that your reasons for relocating are genuine and not made in bad faith. Additionally, you’ll need a detailed plan that ensures your child can maintain a meaningful connection with both parents. Demonstrating how the move will enhance their overall stability and quality of life will be key. Working with an experienced family law attorney can help you build a case that meets Florida’s legal standards.
If the other parent doesn’t agree with your relocation plan, Florida law outlines specific steps you must take. One option is to work toward a written agreement with the other parent. This document should detail their consent to the move, adjustments to the time-sharing schedule, and transportation arrangements. Once finalized, it must be submitted to the court for approval.
If reaching an agreement isn’t possible, you’ll need to file a petition with the court to seek permission to relocate. This petition should include key details like the reasons for the move, specifics about the relocation, and a plan for maintaining the child’s relationship with the other parent. The court will carefully assess whether the move aligns with the child’s best interests, considering factors such as the potential impact on the child’s relationship with both parents and any benefits the relocation may offer.
Seeking guidance from an attorney is strongly advised to ensure you meet all legal requirements and present your case effectively.
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