When parents divorce in Florida, one of the most significant legal arrangements they must establish is a parenting plan. This document governs how time with the children is shared, how major decisions are made, and where each child primarily lives. But what happens when one parent wants to move? Florida’s relocation laws are among the most detailed in the country, and navigating them without legal guidance can have lasting consequences for your relationship with your children.
What Is a Relocation Under Florida Law?
Florida defines a relocation as any move more than 50 miles from the principal place of residence at the time the most recent custody order was entered, for a period of at least 60 consecutive days. Moving within the 50 mile radius generally does not require court approval. Once that threshold is crossed, a formal legal process is required.
How to Request a Relocation
A parent seeking to relocate must file a petition that includes the new address, the reason for the move, a proposed revised parenting plan, and a transportation arrangement for the non-relocating parent. The non-relocating parent has the right to object, and if they do, the court evaluates whether the relocation serves the child’s best interests. Parents who seek relocation often end up with reduced time sharing, even when the move is approved.
The Best Time to Address Relocation
If relocation is even a possibility in the future, the best time to address it is during the original divorce proceeding. Once a parenting plan is in place, seeking court permission to relocate can take six months to a year, cost tens of thousands of dollars, and still may not be granted. Addressing it during the initial divorce saves all of that difficulty.
Modifying a Parenting Plan
Parenting plans can be modified, but the threshold is meaningful. The requesting parent must prove a substantial and unanticipated change in circumstances that makes the current plan unworkable and show the proposed change serves the children’s best interests. These cases are often more complex and expensive than the original divorce.
Getting the Parenting Plan Right the First Time
The parenting plan governs your children’s lives for years. A poorly drafted plan creates ambiguity and invites future conflict. At Fairway Law Group, your dedicated attorney will work with you to build a plan that holds up over time, protects your rights, and keeps your children’s interests at the center of every decision.