Moving with a child after a divorce or custody order takes more than packing boxes. Florida law sets specific relocation requirements, whether your case is in Martin County or elsewhere on the Treasure Coast.
Kofsky Law Office, led by attorney Martin Kofsky, practices Florida family law and handles complex relocation and time-sharing disputes. This guide explains how to measure the move, seek consent, file a petition, object on time, and avoid procedural mistakes that could affect your move or parental rights.
The Legal Definition of Parental Relocation in Florida
Florida law defines when you must obtain written consent or court approval before moving with your child. The rule generally applies when the new principal residence is at least 50 miles from the current principal residence.
The move must also last at least 60 consecutive days. Temporary absences for vacation, education, or health care generally do not constitute relocation, provided they are not attempts to evade the statute.
These requirements can apply when you already have a custody or time-sharing order. They can also affect a pending divorce, paternity, or parenting case.
Before measuring the distance, confirm the current address listed in your case with the Martin County Clerk’s Domestic Relations division. Measuring from an old apartment, mailing address, or the other parent’s home can create confusion before the case reaches the main issue.
The Two Pathways for Parental Relocation
Parents can often avoid a contested hearing when everyone entitled to time-sharing agrees in writing to the move. A handshake, text message, or casual email is risky because it may not address all the issues Florida law requires.
Consenting parents may use Florida Supreme Court Approved Family Law Form 12.950(b) with the Florida Agreement for Relocation with Minor Child(ren), Form 12.950(a). The written agreement should approve the relocation and address the revised parenting arrangement, including:
- The new time-sharing schedule
- Transportation methods and exchange locations
- Responsibility for travel costs
- Any transportation assistance the relocating parent will provide
If the other parent will not consent, the relocating parent generally must file a sworn petition and serve it properly. Moving first and asking permission later can change how the court views the parent’s judgment and willingness to support the child’s relationship with the other parent.
We often help parents discuss relocation terms before litigation begins. A complete agreement can reduce conflict, but both sides should review the long-term effects before signing.
Requirements for a Valid Relocation Petition
A relocation petition must contain detailed information, and an incomplete filing may be challenged or dismissed. The court needs enough information to evaluate the proposed move and give the other parent a fair chance to respond.
A petition generally needs to state:
- The intended new address and mailing address
- The new home telephone number, if available
- The planned relocation date
- The specific reasons for the move
- A proposed revised time-sharing schedule
- Detailed transportation arrangements
- The required statutory notice about objecting
If employment is the reason for relocating, the parent should attach the written job offer when one exists. A statement that the move offers “better opportunities” is less specific than an offer letter showing the position, location, salary, start date, and work schedule.
The proposed long-distance parenting plan should address school breaks, summer time, holidays, remote communication, exchange locations, and travel costs. The filing may also require the Uniform Child Custody Jurisdiction and Enforcement Act UCCJEA Affidavit using Form 12.902(d), which provides information about the child’s residences and other custody proceedings.
Vague reasons and incomplete addresses can invite challenges. Gather the documents first, then check each statutory requirement before filing.
The Strict Deadline to Object to a Relocation
Under Florida Statute 61.13001, a parent who opposes the move generally has only twenty (20) days after service to file and serve a verified objection. This is a court filing, not a phone call, text message, or angry email to the relocating parent.
Missing the deadline can allow the court to grant the relocation without a hearing. If you were served, record the service date immediately and preserve the petition, summons, envelope, and any related messages.
A proper objection should identify the specific factual basis for opposing the move and state the objecting party’s current or past participation in the child’s life. Useful facts may concern lost parenting time, school continuity, medical care, travel demands, local family support, or weaknesses in the proposed transportation plan.
For example, saying “I do not want my child to move” provides little detail. An objection is more useful when it explains that the proposed flight schedule conflicts with school, reduces regular contact, or creates costs the plan does not allocate.
Parents served in Stuart or Jupiter should seek legal review promptly. Twenty days leave little room to gather records, prepare a sworn response, and complete service correctly.
How Florida Courts Evaluate the Child’s Best Interests
Florida courts focus on the child’s best interests rather than either parent’s personal preference. Both sides should connect their position to specific records, witnesses, and workable parenting arrangements.
The burden of proof in court
The relocating parent initially must prove by a preponderance of the evidence that relocation is in the child’s best interests (Florida Statute 61.13001(8)). This means showing that the claim is more likely true than not.
If that parent meets the initial burden, the burden shifts to the objecting parent to show why the proposed move is not in the child’s best interests. The law does not automatically favor the parent who wants to move or the parent who wants the child to remain nearby.
Preparation matters because general promises are difficult to test. Housing records, school information, employment documents, travel plans, and communication records help the judge evaluate what daily life would look like after the move.
Evidence needed for a contested hearing
Judges look for concrete evidence tied to the statutory factors. The relevant evidence depends on each parent’s position.
| Relocating parent’s evidence | Objecting to parent’s evidence |
| Written job offer and income information | Current involvement in school and activities |
| Housing details and neighborhood information | Medical or therapy continuity records |
| School programs and enrollment requirements | Evidence of nearby extended family support |
| Proposed travel schedule and estimated costs | Problems with travel time or affordability |
| Plan for calls and remote contact | Past interference with time-sharing |
Communication logs can also matter. Messages showing timely exchanges, shared school information, and reasonable schedule discussions may support credibility, while repeated obstruction or missed time-sharing can work against a parent.
In contested matters, we use evidence matrices that connect each disputed issue with a document or potential witness. This keeps the presentation focused on facts rather than the history of every disagreement.
Complex Issues in High Net Worth and High-Conflict Cases
Long-distance relocation becomes harder when the child attends private school, the parents maintain multiple residences, or serious safety and communication concerns exist. The parenting plan must directly address those circumstances.
Logistics for long-distance time sharing and travel
High net worth cases often require unusually detailed travel planning. A schedule may need to account for private school calendars, frequent air travel, business commitments, international trips, and homes in more than one state.
The plan should allocate flight costs, baggage charges, escorts, hotels, ground transportation, and change fees. It should also identify who books travel, how far in advance tickets must be purchased, and what happens after a cancellation or missed connection.
Plain procedures matter when a parent’s executive schedule changes often. Without them, a disagreement over one flight can escalate into a broader dispute over holiday time or reimbursement.
How courts handle alienation and safety concerns
Relocation requests sometimes raise claims that one parent is trying to weaken the child’s relationship with the other parent. Courts may examine prior compliance with the schedule, blocked communication, withheld information, and the relocating parent’s plan for continued contact.
Domestic violence injunctions and documented safety concerns can affect transportation, exchanges, addresses, and communication terms. Those concerns should be presented through court orders, police records, messages, or other admissible evidence rather than broad accusations.
Clean communication records help a parent respond to bad-faith or alienation claims. Keep messages brief, child-focused, and factual, especially when you expect a judge may read them later.
The Risks of Moving Without Court Approval
Moving a child without a valid written agreement or court order can carry serious consequences. A judge may order the child’s return, hold the relocating parent in contempt, or consider the unauthorized move in later time-sharing decisions.
An unapproved move can also damage credibility. A parent who signs a distant lease, enrolls the child in a new school, and then seeks permission may appear to have treated court approval as a formality.
Temporary travel is generally treated differently, but a vacation should not become a disguised permanent move. Its purpose, duration, school impact, and surrounding communications may all matter.
Secure the required agreement or order before committing to housing, employment arrangements that depend on the child’s move, or enrollment in a distant school. Early planning may reduce the cost and disruption of addressing an unauthorized relocation.
Ready to Discuss Your Relocation Case? Contact Kofsky Law Office Today
Prompt action matters whether you are requesting relocation or objecting to it, especially once the 20-day response period has begun. Kofsky Law Office helps parents organize the facts, address time-sharing and transportation issues, and prepare evidence for Florida relocation disputes.
Call 561-407-0703 in Jupiter or 772-210-7022 in Stuart, or use our Contact Us page to schedule a consultation. The firm serves clients in Stuart, Jupiter, and throughout Florida.
