Relocating with your child after a divorce often brings up pressing questions and concerns, especially when you want to do right by your family and stay within the law. Many parents worry about maintaining strong ties with their children, making the relocation process as smooth as possible, and understanding the legal requirements that apply. At Barnett Gill, we stand by our clients every step of the way, offering reassurance, personalized strategies, and clear guidance for families navigating Florida’s relocation laws.
What Counts as “Relocation” With a Child Under Florida Law?
Florida defines “relocation” in the context of parenting plans and child custody orders as any move of 50 miles or more from your current residence for at least 60 consecutive days, excluding temporary absences for vacations, education, or healthcare. Any parent wishing to relocate with their child must recognize that this definition triggers strict notification and approval requirements under Florida law. This threshold exists to protect both parents' involvement in their child’s life and to avoid any sudden, disruptive changes in a child’s living arrangements.
Whether you share custody or have primary time-sharing, the relocation statute applies. Florida courts treat these moves with great care to prevent one parent from making decisions that could undermine the child’s relationship with the other parent. Even with positive motives, such as a job opportunity or proximity to extended family, you must fulfill the legal requirements before making a move.
As soon as you know your move could qualify as a relocation, it is essential to begin planning. Understanding the criteria for relocation allows you to take the right steps and reduce the risk of delays or disputes. A proactive approach helps families avoid unnecessary stress and ensures compliance with Florida’s specific child custody requirements.
When Does a Move Require Court Approval or the Other Parent’s Consent?
Not every change of address qualifies as a legal relocation. Only moves that meet Florida’s “50 miles for 60 days or longer” threshold require consent or court approval. Local moves within the 50-mile radius or temporary moves, like for vacations or medical treatments, generally do not trigger formal relocation laws. Nonetheless, any move affecting existing parenting plans should be discussed in good faith, as informal agreements might not hold up if challenged in court.
If your move qualifies as a legal relocation, you must obtain written, signed consent from everyone sharing legal time-sharing rights or seek permission from the court. Text messages or oral agreements will not protect you legally. Only written and court-filed agreements, or an official court order, provide the certainty you need to move forward safely and maintain parental rights.
Parents sometimes underestimate the importance of following these procedures, thinking a handshake agreement will suffice. But if the other parent changes their mind or disputes arise later, courts may find you in violation of the original parenting plan. Taking the right steps from the beginning ensures compliance with Florida law and demonstrates your commitment to your child’s best interests.
What Legal Steps Do Parents Need to Take to Relocate With a Child in Florida?
If you want to move and the other parent agrees, draft a signed written agreement specifying consent to the relocation, an updated time-sharing schedule, and the transportation arrangements for ongoing parent-child contact. This agreement must be filed with the court, making it legally enforceable and an official part of your case.
If you do not have agreement from the other parent, you must file a “Petition to Relocate with a Minor Child” in the same court that issued your custodial order. Your petition should outline your reasons for moving, your new proposed address, and a plan for maintaining the other parent’s relationship with the child. The non-relocating parent then has 20 days to object in writing, leading to a relocation hearing if there is a dispute.
Our role is to help families through every stage of this process, from drafting precise agreements to filing thorough, court-ready petitions. We focus on timely submission, careful documentation, and open communication. By taking these proactive legal steps, you establish credibility and minimize complications that can arise down the road.
What Details Must Be Included in a Florida Relocation Petition?
The court expects a relocation petition to go well beyond simply asking to move. Your petition must provide the new address (or at least the intended city and state), detailed reasons for the proposed relocation, and an updated, realistic time-sharing schedule. Florida law also requires you to include a statement justifying your request, along with plans for covering travel costs and methods to keep the other parent connected with the child.
Supporting evidence is essential. If you are moving for work, provide documentation such as a written job offer or a transfer request. For moves based on family support or educational opportunities, add letters from schools, community providers, or relatives as appropriate. Also, describe transportation plans and propose how communication (by phone, video call, etc.) will be maintained.
By delivering comprehensive, organized, and well-documented petitions, parents help the court quickly understand both their motives and their preparation. Taking the time to gather supportive evidence at the beginning often results in smoother hearings and less friction with the other parent.
What Happens When the Other Parent Objects to Relocation?
If the other parent objects to your relocation request, they must file a formal objection within 20 days of being served with your petition. The objection should specifically describe why the move would negatively impact their relationship with the child or the child's best interests. An objection automatically triggers a hearing so the court can review both sides before any move proceeds.
The court may schedule an initial temporary hearing to decide whether to allow a move while the objection is pending. At this hearing, the judge examines each parent’s reasoning, weighing evidence and considering whether the child’s stability and well-being are at risk. The objecting parent should be prepared to offer practical solutions, not just opposition, if they want the court to take their concerns seriously.
Supportive legal strategies can defuse tension in these situations. At Barnett Gill, we help prepare statements, gather supporting documents, and coach you on practical arguments to focus on your child’s needs and routine. Proactive, respectful responses give you the best chance for a positive outcome in these emotionally charged hearings.
How Do Florida Courts Decide on Parental Relocation Requests?
Florida courts use a “best interest of the child” standard to evaluate relocation requests. The judge considers multiple statutory factors, including reasons for the move, relationships with both parents, the impact on educational opportunities, and how relocation will affect the child’s life overall. The parent seeking relocation must show that the move offers real benefits for the child, not just themselves.
Judges look for good-faith motives, such as better job opportunities, proximity to extended family, or improved safety and schooling. Courts also want to see that the moving parent has made concrete plans to support continued contact between the child and the non-relocating parent—such as detailed time-sharing schedules, clear transportation arrangements, and proposals for regular communication.
By focusing on what the court values most—the best interests and long-term happiness of the child—parents can build compelling cases. Our experience in Hillsborough County provides insight on which facts tend to carry the most weight with local judges, helping families frame their requests for maximum impact.
What Evidence Helps Demonstrate a Move Is in the Child’s Best Interests?
Well-prepared documentation is crucial for any relocation case. Courts look for evidence the move benefits the child—such as proof of stable employment, enrollment or acceptance at a new school, or better living conditions. Parents can strengthen their cases by including research about the new neighborhood, explanations of community involvement opportunities, or letters from teachers and counselors regarding the child’s adaptability.
It’s equally important to present specific plans for maintaining the bond with the non-relocating parent. Judges favor detailed visitation schedules, creative solutions for regular communication, and clear transportation logistics. Willingness to split or cover travel costs is often seen as a thoughtful gesture and a sign of respect for the other parent’s role.
Taking the time to organize documents, anticipate potential questions, and address issues up front shows responsibility and care for the child’s stability. We encourage parents to begin collecting these materials early, so their petitions stand on solid ground when presented to the court.
Common Reasons Florida Courts Approve or Deny Relocation Requests
Court-approved relocations usually rest on strong, well-substantiated reasons. Relocation is more likely when the move is clearly related to employment, increased family support, or better educational opportunities, and when parents provide realistic, detailed time-sharing and transportation solutions. Open, respectful communication and a history of positive co-parenting are seen as strong indicators the move supports the child’s well-being.
Denials often occur when the request appears designed to hinder the other parent’s involvement or if benefit claims can’t be clearly proven. Florida judges also deny relocation if the parent seeking the move has a history of obstructing the other parent’s rights or acting against court orders. Vague relocation justifications, like personal preference or a desire for a “fresh start” without concrete benefits to the child, typically don’t meet the legal threshold.
Parents in Brandon and Hillsborough County should know that local judges expect thorough, realistic plans that prioritize the child’s continued relationship with both parents. Our familiarity with local expectations helps families anticipate likely court concerns and address them in advance, improving their chances of a smooth transition.
How Are Parenting Plans and Time-Sharing Adjusted After a Relocation?
Once the court approves a relocation, time-sharing plans and parenting schedules typically require substantial revision. The new arrangements must address when and how the child will see each parent, how travel will be handled, and who will pay for trips. Plans for school holidays, summer vacations, special occasions, and regular virtual contact (such as phone or video calls) all need updating to ensure ongoing relationships are protected.
Sometimes, parents need to get creative with scheduling, perhaps by granting longer blocks of time during school breaks or alternating weekends and holidays. The plan should prioritize the child’s need for consistent contact with both parents and minimize disruption to their routine and emotional health. Agreements outlining who covers travel costs up front also reduce future disputes.
Our team works closely with families to craft tailored parenting plans, keeping the focus on cooperation and the child's needs. Courts respond favorably when both parents participate in developing a workable plan. The more detail you can add regarding logistics and communication, the less likely conflicts will arise in the future.
What If a Parent Moves Without Proper Consent or Court Approval?
Relocating a child in Florida without written consent from the other parent or a court order is a risky step that can trigger severe legal consequences. Courts can require the child’s immediate return, alter custody arrangements in favor of the non-relocating parent, or impose fines and other sanctions. These outcomes can have long-lasting consequences on both your parental rights and your relationship with your child.
Even if you believe your situation warrants urgent action, you still need to act within the law. If health, safety, or another emergency requires a move, you must seek emergency court approval and provide all necessary supporting documentation. Acting unilaterally outside the court order may damage your credibility and result in negative outcomes if the court interprets your actions as interfering with the parent-child bond.
If you learn that the other parent has moved your child without following Florida’s legal process, act promptly. The court can intervene to enforce your rights and review the best interests of your child. Our office helps families take swift, careful action to protect their relationships and avoid escalation of these difficult situations.
How Do Emergency or Special Circumstances Affect Relocation Requests?
While most relocation requests follow regular procedures, emergencies sometimes arise that require expedited attention. Parents may need to relocate quickly due to domestic violence threats, medical emergencies, or urgent job transfers. In such situations, Florida courts allow for emergency petitions, but expect parents to act transparently and provide thorough documentation for their claims.
The court’s first priority remains the stability and safety of the child. Temporary orders may be issued until a full hearing can take place, at which point the long-term plan will be determined. Supporting evidence such as police reports, medical records, or employer communications can help the court understand the necessity for immediate action.
In emergencies, our team helps clients comply with all necessary filing and documentation requirements while staying focused on maintaining stability and minimizing disruption for the child. Clear, honest communication with the court and the other parent sets the stage for better outcomes, even in difficult circumstances.
How Parents Can Negotiate Successful Relocation Agreements
When both parents agree, a signed relocation agreement often results in a smoother and faster approval process. Negotiating key terms—such as updated visitation schedules, transportation plans, the division of travel expenses, and methods of communication—can prevent future misunderstandings and reduce emotional tension for the whole family. It is wise to formalize these agreements in writing and submit them to the court.
Successful negotiation often requires early and honest discussions about your goals and your child’s needs. Focus on solutions rather than past disagreements, maintain flexibility about scheduling, and consider using neutral mediation to facilitate compromise. Addressing issues like school transfer, extracurricular activities, and holidays in writing helps ensure nothing slips through the cracks and everyone understands the new expectations.
At Barnett Gill, we work with parents to document comprehensive relocation agreements, ensuring that every aspect reflects both the law and each family’s unique needs. A detailed, court-approved agreement not only expedites the process but also supports continued cooperation between co-parents long after the move.
Unique Considerations for Relocating Parents in Brandon and Hillsborough County
Parents living in Brandon and Hillsborough County face certain local procedures that can affect relocation outcomes. Courts within the Thirteenth Judicial Circuit require precise compliance with their document-filing processes, notification requirements, and scheduling rules. Local judges may prefer well-documented agreements and expect attempts at mediation before litigation, especially when parents have previously demonstrated cooperation.
The local judiciary values realistic, detail-oriented parenting plans that address the specifics of community involvement, extended family access, and the child’s ongoing needs. Familiarity with the preferences of Hillsborough County judges—and how they apply Florida’s relocation statutes—gives families a significant advantage in avoiding common pitfalls or delays.
Our firm’s decades of commitment to Brandon and the surrounding area means families benefit from knowledge of local court practices. We help clients avoid costly errors with accurate filings and anticipate what local judges want to see in both contested and uncontested relocation cases. Local insight can turn a complicated and stressful process into a manageable path forward for parents and children alike.
When Should You Reach Out to a Family Law Attorney About Relocation?
Any parent considering a move—or responding to a relocation petition—should seek legal advice before taking significant steps. If your situation involves interstate moves, complex objections, or past time-sharing disagreements, early guidance helps you avoid costly mistakes and ensures you meet important deadlines. Experienced attorneys clarify your obligations under Florida law and can help you avoid actions that might jeopardize your standing with the court.
Family law attorneys assist parents by reviewing draft agreements, helping collect supporting evidence, and ensuring all paperwork complies with Florida and local requirements. Their steady perspective helps keep the focus on your child’s needs and avoids escalation into unnecessary conflict—supporting long-term, stable arrangements for the entire family.
At Barnett Gill, we serve Brandon and Hillsborough County families with compassion and diligent attention to detail, helping you navigate relocation issues with clarity and confidence. Our approach centers on respectful communication, practical advice, and support that extends from your first questions through every stage of your child’s transition.
Action Steps for Parents Facing Relocation Issues in Florida
If you are planning to relocate or have received notice of an intended move, take these action steps to protect your rights and maintain your relationship with your child:
- Review your current parenting plan and court orders to determine rights and deadlines.
- Gather and organize evidence relevant to your reasons for moving or any objections (job offers, school information, family support, communication records).
- Stay in close communication with the other parent, documenting all correspondence and attempted agreements.
- Create a timeline of important dates, including notice deadlines and filing requirements.
- Consult with a family law attorney early in the process to assess your legal options.
Every family’s circumstances are unique, but preparation and open dialogue make a significant difference. If you have questions about child relocation, or would like support in planning your next steps, reach out to our caring team at Barnett Gill by calling (813) 305-0353.
We are here to help families in Brandon, Hillsborough County, and beyond approach relocation decisions with clarity and peace of mind. Contact us today.