When families undergo transitions such as divorce or separation, the resulting parenting plans are designed to provide stability and continuity for the child. However, life circumstances can change, prompting one parent to consider relocating. Whether for employment opportunities, family support, or personal reasons, such a move can significantly impact the existing time-sharing arrangement. In Florida, the law provides a structured approach to address these situations, ensuring that the child’s best interests remain paramount.
Understanding Florida’s Relocation Law
Florida Statute § 61.13001 defines “relocation” as a change in the principal residence of a parent or other person entitled to time-sharing with the child, moving at least 50 miles from the current residence for a period of 60 consecutive days or more. Temporary absences for vacations, education, or health care are not considered relocations under this statute .
It’s crucial to recognize that any relocation meeting these criteria requires either the consent of the other parent (and any other individuals entitled to time-sharing) or court approval. Attempting to relocate without following the proper legal procedures can lead to serious consequences, including contempt of court, modification of the parenting plan, or even loss of time-sharing rights.
Seeking Agreement or Court Approval
If both parents agree to the relocation, they can enter into a written agreement that outlines the terms of the move, including a revised time-sharing schedule and transportation arrangements. This agreement must be submitted to the court for approval to become legally binding .
In cases where the other parent does not consent, the relocating parent must file a “Petition to Relocate with a Child” with the court. This petition should include:
- The intended new residence’s address and phone number.
- The date of the proposed move.
- A detailed explanation of the reasons for relocation.
- A proposed post-relocation time-sharing schedule.
- Transportation arrangements for the child.
The non-relocating parent has 20 days to file a response objecting to the petition. Failure to respond within this timeframe may result in the court granting the relocation by default, provided it’s in the child’s best interests .
Factors the Court Considers
When evaluating a contested relocation, the court examines several factors to determine whether the move serves the child’s best interests. These factors include:
- The nature and quality of the child’s relationship with both parents.
- The impact of the relocation on the child’s physical, educational, and emotional development.
- The feasibility of preserving the relationship between the non-relocating parent and the child through suitable arrangements.
- The child’s preference, considering their age and maturity.
- The reasons each parent has for seeking or opposing the relocation.
- The current employment and economic circumstances of each parent.
- Whether the relocation is sought in good faith.
- Any history of substance abuse or domestic violence .
It’s important to note that Florida law does not presume in favor of or against relocation. Each case is assessed individually, focusing on the child’s welfare.
Modifying the Parenting Plan
If the court approves the relocation, the existing parenting plan must be modified to reflect the new circumstances. Florida provides a specific form, the “Relocation/Long Distance Parenting Plan” (Form 12.995(c)), to assist parents in detailing the revised arrangements .
This plan should address:
- The division of parental responsibilities.
- A detailed time-sharing schedule, including holidays and school breaks.
- Communication methods between the child and the non-residential parent.
- Transportation logistics and cost-sharing agreements.
Creating a comprehensive and practical plan is essential to minimize disruptions in the child’s life and maintain strong relationships with both parents.
Practical Considerations for Long-Distance Parenting
Long-distance parenting presents unique challenges that require thoughtful solutions. Maintaining consistent communication is vital. Parents should establish regular phone calls, video chats, and other forms of contact to stay involved in the child’s daily life.
Travel arrangements should prioritize the child’s comfort and safety. Depending on the child’s age and maturity, considerations may include unaccompanied minor flights or supervised travel. Parents should also be flexible and cooperative in accommodating changes due to unforeseen circumstances, such as illness or school commitments.
Financial aspects, such as travel expenses, should be clearly outlined in the parenting plan to prevent future disputes. Transparency and fairness in sharing these costs contribute to a more harmonious co-parenting relationship.
Addressing Unauthorized Relocation
If a parent relocates without obtaining the necessary consent or court approval, the non-relocating parent can file a motion with the court to enforce the existing parenting plan. The court may order the return of the child, modify the time-sharing arrangement, or impose other sanctions to address the violation .
Prompt legal action is essential in such cases to protect the child’s best interests and uphold the integrity of the court’s orders.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Family law matters are complex and vary based on individual circumstances. For guidance specific to your situation, please consult a qualified family law attorney or visit the Florida Courts Self-Help Center.
