Are you thinking about a fresh start after divorce? Maybe a new job’s calling your name, or your family is in another city. But if little ones or teens are part of the picture and that new horizon is beyond state lines or far away, Florida law has some serious rules you need to know before you pack those boxes. Feeling that knot of anxiety about how this could shake up your custody? You’re not the only one navigating these tricky waters.
This isn’t just about packing tape and change-of-address forms. In Florida family law, “relocation” has a specific legal meaning, and there are hoops to jump through. That’s where a Dade City relocation attorney becomes your secret weapon, guiding you through the necessary steps and fiercely protecting your parental rights, all while keeping your child’s best interests front and center. Stick around, and we’ll explain exactly what you need to know to make this move confidently.
What Does “Relocation” Mean in Florida?
Under Florida law, relocation means changing the primary residence of a parent or guardian who shares time with a child, moving 50 miles or more from their current residence for 60 consecutive days or longer. The period does not include temporary absences for vacation, education, or healthcare.
This law applies whether or not a court-ordered parenting plan is in place. The process can be relatively straightforward if both parents agree to the move. However, if one parent objects, the relocating parent must file a formal petition with the court, and the case can quickly become contentious.
What Must Be Included in a Relocation Petition?
If you’re planning to relocate and the other parent doesn’t consent, Florida law requires that you file a petition and serve it to the other parent. The petition must include specific details to help the court determine the child’s best interest, including:
- New address and phone number. If the physical address is known, you must list it and a home phone number for the new residence. This gives the court and the other parent full transparency regarding your proposed location.
- Date of relocation. Provide the planned moving date and explain whether the move is permanent or temporary. This helps the court determine how soon the change will occur and what planning is needed.
- Reasons for the move. Whether it’s a job offer, closer family, or another reason, include supporting documents, such as job offers or admission letters. The court needs to know the rationale behind your request.
- Proposal for time-sharing. Suggest a revised visitation or parenting schedule to accommodate the relocation. A proposed schedule shows you’re making a good-faith effort to preserve the child’s relationship with the other parent.
- Transportation arrangements. Explain how you plan to handle transportation for the child during visitation, including who will bear the costs. The court will need to assess the practicality and fairness of your proposal.
A complete and well-drafted petition increases your chances of a favorable outcome. If your petition lacks required information or is improperly served, the court may dismiss it outright.
How Does a Florida Court Decide Relocation Cases?
Florida family courts use the best interest of the child standard when determining whether to allow a relocation. The burden is on the parent requesting the move to prove it will serve the child’s well-being, not just their convenience or goals. Some key factors the court will evaluate include:
- The child’s relationship with both parents—how relocation would affect those relationships and whether a meaningful relationship can still be maintained;
- The child’s age and developmental needs—how the move might impact their educational, emotional, and social stability;
- The parents’ motives—whether the move is being requested (or opposed) in good faith or to gain a legal advantage;
- The feasibility of preserving time-sharing—including the financial and logistical burden of transportation and communication; and
- The child’s preference—if the child is mature enough to express a reasonable opinion.
The court may also consider any other relevant factor to the child’s welfare. Every case is different, and the court can deny even a well-intended move if it is not carefully presented.
Can a Parent Move Without Permission?
No. If you move more than 50 miles away without a written agreement or court order, you could face serious legal consequences, including being held in contempt of court, losing parenting time, or even facing criminal penalties.
If you’re worried your co-parent may move without consent, an experienced attorney can help you file an objection and protect your parental rights quickly and effectively.
What If We Agree to the Relocation?
If both parents agree to the move, Florida allows you to avoid court entirely as long as you file the paperwork with the court correctly. The agreement must:
- Be written and signed by both parents,
- Outline the proposed relocation details, and
- Include a revised time-sharing schedule.
You’ll still need to submit the agreement to the court for approval, but this process is often much quicker and less stressful than contested litigation. Despite the agreement, you should have the help of a relocation attorney, as it is still a legal proceeding.
When You Need the Best Relocation Attorney in Dade City
Relocation cases are emotionally charged and legally complex. They often involve urgent decisions that permanently affect your relationship with your child. Whether trying to move or fighting to stop a relocation, having the best relocation attorney in Dade City can make a huge difference.
Family law judges want to see well-prepared petitions, organized evidence, and thoughtful proposals. The right attorney helps you present your case clearly and confidently without unnecessary conflict or delay.
Why Work with a Dade City Relocation Attorney at Newlon Law, P.A.?
At Newlon Law, P.A., we bring big-firm experience and insight to every family law case. Our firm takes a comprehensive view of relocation matters, considering every decision’s emotional, legal, and practical impact on you and your child. We don’t believe in cookie-cutter legal services. Instead, we work closely with you to create a personalized strategy that aligns with your goals and family dynamic.
Whether pursuing a move or opposing one, we’re here to help you navigate Florida relocation laws with clarity and compassion.
Ready to Take the Next Step? Call Us Today!
If you’re facing a potential move or responding to a co-parent’s relocation request, you don’t have to handle it alone. A skilled Pasco County relocation attorney can help you understand your rights, prepare your case, and advocate for your child’s best interests.
Call us today to discuss strategy, timelines, and how to file your petition or objection correctly. The sooner you get legal support, the stronger your position will be.
Frequently Asked Questions
Can I Move with My Child Before the Court Approves It?
No. Moving without court approval or the other parent’s written consent can result in legal penalties, including a change to your custody arrangement.
How Long Does a Relocation Case Take in Florida?
It depends on the complexity of your case and whether it’s contested. Agreed-upon relocations can be approved quickly. Contested cases may take weeks or months, particularly if court hearings are needed.
Do I Need a Lawyer for a Relocation Case?
While it’s not legally required, relocation cases can be complex to win without legal guidance, especially when the other parent objects. A relocation attorney can help you build a compelling, well-organized case and avoid costly mistakes.
Resources:
- Parental relocation with a child, Fla. Stat. §61.13001(2) (2024), link.