RELOCATION

Cynthia Hernandez Law

Relocation

Contact an Experienced Tampa Bay Relocation Lawyer

Florida Law holds that it is in the best interests of a child to maintain a relationship with both parents. The need to modify any court order after a final child custody or time sharing order is in place or the desire to move away from area where the divorce decree was issued can be expected to have a significant effect on the interest of the noncustodial parent (to maintain a close relationship with his or her child), as well as on the child’s interest in sustained contact with both parents. Furthermore, because a parental relocation will interfere with court approved visitation arrangements, child custody or time sharing, a parental relocation proposal will need to be approved by the court.

If you need to move to a distant city or another state and you want your child to relocate with you, contact Cynthia Hernandez Law, which has represented numerous clients in dealing with parental relocation issues. Our family lawyers provide you with the support necessary to ensure that the relocating parent or the parent remaining behind are able develop a proper strategy and understanding of the rights and responsibilities inherent in any parental relocation, to help protect your interests and to ensure that the interests of the child(ren) are analyzed.



Parent relocation cases focus on the reason for the need to move.

A Florida family court judge is likely to grant a request for parental relocation if it is submitted in good faith and supported by sound reasons. Career moves, job relocation, job transfers, financial needs or educational opportunities are the most frequent reasons for parental relocation. The court must also find that the parental relocation is in the child’s best interests. To ensure that the child is able to maintain a sustained relationship with both parents, the relocating parent should try to work out visitation, time sharing or custody arrangements that meet the needs of both the child and the other parent. Any objections to a proposed move or relocation should be based on the child’s interests, not the opposing parent’s inconvenience of the proposed relocation.



How does relocation work?

Any parental relocation with a child must comply with Florida Statute § 61.13001, titled “Parental Relocation with a Child”. Failure to do so could result in one parent being held in contempt of court and be ordered by the court to return the children.
If the proposed parental relocation is uncontested, Florida statutes require a written agreement including specific factors.
If the proposed parental relocation is contested, the relocating parent must serve a “Petition to Relocate”. The parent who is not relocating must then respond within 20 days, and the court will then schedule a contested hearing. Many factors are considered by the court, and time lines must be followed carefully. If a parent does not follow Florida Statutes he or she could be held in contempt of court



Parental relocation without court approval might be a crime.

Under Florida and potentially federal law, it may be a crime if you move outside the state or country where the court order of visitation, time sharing or custody was filed. Permission of the court is necessary to avoid the risk of criminal liability. It’s against the law to interfere with court-ordered visitation time sharing or custody rights, and parental relocation-moving out of state or to another country without court approval would certainly amount to interference.

Frequently Asked Questions (FAQs)

Can I relocate with my child after divorce or a custody order?

Not without court approval. Under Florida Statute § 61.13001, any move that is more than 50 miles away from the child’s current residence for more than 60 consecutive days requires either the written agreement of the other parent or court approval. This rule applies even if you have primary custody. The court must determine whether the relocation is in the best interests of the child before granting the request.

What are valid reasons the court will consider for allowing relocation?

Courts will evaluate whether the relocation is being requested in good faith and whether it supports the best interests of the child. Common valid reasons include:

Job transfers or new career opportunities
Educational opportunities
Financial necessity
Closer proximity to extended family or support systems

Attorney Cynthia Hernandez will help you prepare a compelling case that outlines these reasons clearly and convincingly to the court.

What happens if the other parent contests the relocation?

If the other parent does not agree to the relocation, the moving parent must file a Petition to Relocate and serve it on the other parent. The non-relocating parent then has 20 days to file a written objection. If they do object, the court will schedule a contested hearing to weigh the evidence and make a determination based on several statutory factors. Cynthia Hernandez Law can represent you during this process and ensure that your rights—and your child’s best interests—are protected throughout the proceedings.

What if I relocate without getting court approval?

Relocating without the court’s permission can have serious legal consequences. You may be held in contempt of court, ordered to return the child, and even face criminal charges under Florida and possibly federal law. Courts view unauthorized relocation as interference with custody or time-sharing rights, which can negatively affect your case and your future custody rights. Always consult with an attorney like Cynthia Hernandez before taking any action.

Can relocation be negotiated outside of court?

Yes. If both parents agree to the relocation, Florida law allows them to sign a written agreement that includes:

Consent to the move
A revised time-sharing schedule
Details about transportation for visitation

Once signed, the agreement can be filed with the court for approval, and no hearing may be required. Cynthia Hernandez Law can help you draft a legal agreement that protects your interests and complies with Florida law, streamlining the process and minimizing conflict.

Contact Cynthia Hernandez today!

To ensure that you protect your rights if you are seeking parental relocation or if you are objecting to parental relocation or you are interested in structuring an agreement with parental relocation, contact Cynthia Hernandez Law for a consultation at 813-841-2933.