Child Relocation in Florida means a change in the location of a parent’s residence after a court has issued an order regarding timesharing, or after the commencement of an action involving timesharing.  For there to be a relocation, this change of residence must be at least fifty (50) miles from the parent’s original place of residence, and it must last at least sixty (60) consecutive calendar days.  Relocation does not include temporary absences for the purposes of education, vacation, or to receive healthcare.

The factors that courts are required to consider in reaching a decision on whether to permit or deny a request for child relocation in Florida are as follows:

•  The nature of the child’s relationship with each of the parents.  The extent of the parent’s involvement in the child’s life.  The nature of the child’s relationship with relatives, siblings, and other significant people which will be affected by the relocation. 

• The impact that the relocation will have on the child’s educational, physical, and emotional development.  The court is required to consider whether a child has special needs.

• The ability to preserve a meaningful relationship between the child and the parent who does not relocate. 

• The preference of the child if the child is of sufficient age and maturity.

• Whether the relocation will enhance the quality of life of the parent and the child.  This factor includes financial benefits, educational opportunities, and emotional benefits. 

• The reasons for seeking or opposing the proposed relocation.

• The current economic situation of each of the parents. Whether the proposed relocation is necessary to improve the economic situation of the parent seeking to relocate.

• Whether the relocation is sought in good faith. 

• Whether the parent objecting to the relocation has fulfilled his or her child support, alimony, and marital debt obligations. 
• The career opportunities available to the objecting parent if the relocation is permitted.

• Whether either parent has engaged in domestic violence or substance abuse.

• Whether a parent encourages a close relationship between the child and the other parent.  Whether a parent honors the current parenting plan and is flexible when changes are required.

• Which parental responsibilities are handled by each of the parents and which these responsibilities are delegated to third parties.

• The demonstrated capacity of the parents to put the needs of the child before their own needs.

• The amount of time that a child has lived in a stable environment and the desirability of maintaining continuity. 

• The amount of time that will be required to be spent traveling to effectuate the proposed time-sharing plan.

• Each parent’s moral fitness.

• Each parent’s physical and mental health.

• Whether the child is performing well in school.  Whether the child has disciplinary problems.

• Whether a parent keeps the other parent informed about the child’s teachers, friends, and healthcare providers.

• Whether a parent maintains a consistent routine for the child.

• Whether a parent keeps the other parent informed about issues and events that involve the child.  Whether the parents adopt a unified front on issues involving the child.

• Evidence of domestic violence or abuse.

• Whether a parent provides dishonest information to the Court about domestic violence or abuse.

• The division of parental responsibilities prior to the filing of the action.

• Whether a parent has been involved in the child’s schooling and extracurricular activities. 

• Whether a parent maintains an environment for the child that is free from substance abuse.

• Whether a parent protects the child from ongoing litigation.  Whether a parent disparages the other parent.

• The capacity of each of the parents to meet the child’s developmental needs.

• Any other factor that is in the child’s best interests.

There are significant penalties for relocating a child without obtaining permission from the court.  A parent who relocates a child without obtaining permission from the court may:

(i) be held in contempt of court;

(ii) face proceedings to require the return of the child;

(iii) the relocation may be taken into account by the court in reaching its determination on whether to grant or deny a parent’s request to permit the relocation;

(iv) the present time-sharing schedule could be modified;

(v) a parent may be required to pay for the other parent’s attorney’s fees and expenses; and

(vi) a parent may be required to bear the travel expenses required to conduct time-sharing or return of the child.

There is no presumption in favor of or against a request to relocate, even if the relocation will affect the current time-sharing schedule.  The parent wishing to relocate bears the burden of proof that the relocation is in the best interests of the child.  Once the parent wishing to relocate proves that the relocation would be in the best interests of the child, the burden of proof shifts to the objecting parent to demonstrate that the relocation is not in the best interests of the child.  The standard of proof in a relocation case is preponderance of the evidence.  Preponderance of the evidence means the greater weight of evidence.   

As part of an order granting a parent’s request to relocate, a Florida court may implement internet, webcam, telephone, and other measures to ensure that a child maintains a meaningful relationship with the parent who does not relocate. Additionally, the court is required to allocate transportation costs between the parents. The court may take the expense of transportation into account in adjusting the child support award.

A Petition to Permit Relocation may be brought in any court that has jurisdiction over the child under the Uniform Child Custody Jurisdiction and Enforcement Act.  It may also be brought in any county in which either of the parents and the child reside.  Finally, the proceeding may be brought in any court in which an original action was heard and decided.

If a parent fails to file a timely response objecting to a Petition to Relocate, a court will presume that the relocation is in the child’s best interests and, absent good cause, will grant the relocation. The court order granting the relocation will state that the relocation is entered because of the other parent’s failure to respond in a timely manner and will adopt the time-sharing schedule and transportation arrangements requested in the Petition to Relocate.  The order can be issued without an evidentiary hearing.  If a response is timely filed by a parent who objects to the proposed relocation, the parent seeking to relocate may not relocate and must obtain permission from the court to do so. 

Parents may enter into an agreement to permit relocation.  The agreement must reflect each parent’s consent to the relocation, set out a time-sharing schedule, and describe travel arrangements and an expense sharing allocation.  If there is an existing court order concerning time-sharing, the parties must obtain court ratification of the parties’ relocation agreement.  No evidentiary hearing is required for a court to ratify the agreement of the parties unless one of the parents requests an evidentiary hearing in writing within ten (10) days after the date that the agreement is filed with the court.  If an evidentiary hearing is not requested within ten (10) days after the date that the agreement is filed with the court, a court may ratify the agreement without holding an evidentiary hearing. 

A Florida court may also issue a temporary order permitting a proposed relocation if the court finds that the petition to relocate was properly filed and the evidence presented at an evidentiary hearing demonstrates that a relocation will be approved at a final hearing. 

A Florida court may issue a temporary order prohibiting a proposed relocation or ordering the return of a child who has relocated if the court finds that a party’s’ petition to relocate does not comply with the requirements of Florida law, a child has been relocated without a written agreement of the parties, or the child has relocated without the approval of the court.  Additionally, a court may issue a temporary order prohibiting a proposed relocation if the court holds a preliminary hearing and determines that there is a likelihood that the court will not approve the relocation at a final hearing. 

A court may not consider the fact that the court issued a temporary order permitting or denying the relocation when it reaches its final determination regarding the proposed relocation.  If a temporary relocation is approved, a court may require the relocating parent to provide security guaranteeing that the nonrelocating parent’s time-sharing with the child will not be interrupted.

Petitions for Temporary and Permanent Relocation are given priority on the court’s calendar.  If a Motion Seeking a Temporary Relocation is filed, a hearing on the motion must take place within thirty (30) days after the Motion is filed.  If a Notice for Trial is filed on a relocation matter, the final hearing must occur within ninety (90) days.

To speak with a Florida child custody relocation attorney, contact the Lane Law Firm, P.A. at (561) 363-3400.