Child Relocation Attorney in Boca Raton: What to Know Before You Move With Your Child

If you share time with your child and want to move, Florida law sets a process for it, and the safest time to learn that process is before you pack. A child relocation attorney in Boca Raton can explain how Florida Statute § 61.13001 applies to your family, whether you plan to reach an agreement with the other parent or ask a court for permission. This guide walks through both routes and what to gather first.

Quick Summary:

• Under § 61.13001, relocation means changing the principal residence of a parent or other person by at least 50 miles from the residence used as the statutory reference point: the residence at the time of the last order establishing or modifying time-sharing, or at the filing of the pending action to establish or modify time-sharing. The change must last at least 60 consecutive days, excluding a temporary absence for vacation, education or health care for the child.
• If the parents and every other person entitled to access to or time-sharing with the child agree, a signed written agreement can satisfy the statute.
• Without an agreement, the parent who wants to move must file and serve a petition to relocate.
• If a timely objection is filed, the parent who wants to move may not relocate until the court gives permission.
• Moving without following the statute can lead to contempt and a court order for the child's return.

On this page

• What counts as a relocation in Florida?
• How does relocation by agreement work?
• What must a petition to relocate include?
• What happens if the other parent objects?
• How does a Florida court decide a contested relocation?
• How quickly does the court have to act?
• What if you move without following the statute?
• What should you gather before meeting a relocation attorney?
• Frequently asked questions about child relocation in Florida
• Talk With Us About a Relocation
• Cited Sources

What counts as a relocation in Florida?

Under § 61.13001(1)(e), a relocation is a change in the location of a parent's principal residence of at least 50 miles, lasting at least 60 consecutive days. The distance is measured from the principal residence at the time of the last order establishing or modifying time-sharing, or at the time the action to establish or modify time-sharing was filed.

The statute does not count a temporary absence from the principal residence for vacation, education or the provision of health care for the child. It also applies to "other persons" who live with the child under a court order or have a right of access, time-sharing or visitation, not only to parents.

The statute covers orders entered on or after October 1, 2009, and earlier orders that do not expressly govern relocation. If an order that existed on October 1, 2009 has terms that expressly govern relocation or a change of address, the statute does not apply to those terms (§ 61.13001(11)). If you live in Boca Raton, Delray Beach or elsewhere in Palm Beach County, ask a lawyer whether your planned move meets this definition and what your existing orders say. The full text is in § 61.13001, and our relocation practice page explains how we help.

How does relocation by agreement work?

If the parents and every other person entitled to access to or time-sharing with the child agree, they can satisfy the statute with a signed written agreement. Under § 61.13001(2)(a), the agreement must reflect consent to the relocation, define an access or time-sharing schedule for the parent who is not moving and anyone else entitled to access or time-sharing, and describe any transportation arrangements if necessary.

When a case or court order about the child's residence or schedule already exists, the parties must ask the court to ratify the agreement (§ 61.13001(2)(b)). The court may do so without an evidentiary hearing unless one or more parties ask for a hearing in writing within 10 days after the agreement is filed. If no one asks in time, the statute presumes the relocation is in the child's best interest.

What must a petition to relocate include?

Without an agreement, the parent who wants to move must file a petition to relocate and serve it on the other parent and every other person entitled to access to or time-sharing with the child (§ 61.13001(3)). The petition must be signed under oath or affirmation under penalty of perjury and include:

• a description of the intended new residence, including the state, city and specific physical address if known;
• the mailing address, if different from the physical address, and the home telephone number of the intended new residence, if known;
• the date of the intended move;
• a detailed statement of the specific reasons for the move, with any written job offer attached if the job is one of the reasons; and
• a proposed post-move schedule for access and time-sharing, with the transportation arrangements needed to carry it out.

Failing to include the proposed schedule and transportation proposal can make the petition legally insufficient, unless a current, valid order abates, terminates or restricts access or time-sharing, or there is other good cause that predates the petition. The petition must also carry a statutory notice, in capital letters in type the same size as or larger than the rest of the petition, telling the other parent that a response objecting to the relocation must be made in writing, filed with the court and served on the parent or other person seeking relocation within 20 days after service of the petition. The notice also says that if no one objects in time, the relocation will be allowed unless it is not in the child's best interests.

If a court action regarding the child is pending, service of process may be according to court rule. Otherwise, service must follow chapters 48 and 49 or use certified mail, restricted delivery, return receipt requested. The person seeking relocation must keep the required information current as it becomes known. If that person or the child is entitled to protect location information under a public-records exemption, the court may modify the disclosure requirements to comply with that exemption (§ 61.13001(3)(b)–(c), (4)). Ask a lawyer about protective disclosure requirements before filing.

What happens if the other parent objects?

If a timely response objecting is filed, the parent who wants to move may not relocate and must obtain court permission at a temporary hearing or trial (§ 61.13001(3)(d)). The presumption in favor of the move applies only if the other parent and any other person entitled to access to or time-sharing with the child all fail to file a timely response objecting. In that case the court shall, absent good cause, enter an order adopting the schedule in the petition.

An objection must be verified and must state the specific facts supporting the reasons for objecting, including how involved the objecting parent currently is, or has been, in the child's life (§ 61.13001(5)). That is why parents on both sides benefit from organizing records early.

How does a Florida court decide a contested relocation?

The statute sets no presumption for or against a move that will materially affect the current schedule of contact, access and time-sharing, and the court evaluates a list of factors (§ 61.13001(7)). Among them are the child's relationship with each parent and other significant people, the child's age and needs, whether substitute arrangements can preserve the relationship with the parent who is not moving, the child's preference considering age and maturity, each side's reasons and circumstances, and any history of substance abuse or domestic violence. The full list is in § 61.13001(7). A written objection must be verified and state the specific factual basis for it (§ 61.13001(5)).

The parent or other person who wants to move has the burden of proving by a preponderance of the evidence that relocation is in the child's best interest. If that burden is met, the burden shifts to the parent or other person who is not relocating to show by a preponderance of the evidence that the move is not in the child's best interest (§ 61.13001(8)). The court also considers any other factor affecting the child's best interest, including those in § 61.13.

How quickly does the court have to act?

The statute gives these cases calendar priority. Absent good cause, a hearing on a motion for temporary relocation must occur no later than 30 days after the motion is filed, and a nonjury trial must occur no later than 90 days after a notice to set the matter for trial is filed (§ 61.13001(10)).

These are statutory hearing and trial deadlines, subject to the statute’s good-cause exception, not a guarantee of when the entire case will end. The triggering filings matter, and an ordinary reference to the court’s calendar does not replace the good-cause requirement. Ask a lawyer how the deadlines apply to your case.

If relocation is approved, the court may order contact with the other parent through access, time-sharing, telephone, Internet, webcam and other arrangements, if affordable and in the child's best interest. If applicable, the court also specifies how transportation costs are allocated between the parents and others entitled to contact, and it may adjust child support (§ 61.13001(9)).

What if you move without following the statute?

Relocating a child without complying with § 61.13001(3) can subject the parent to contempt and other proceedings to compel the child's return (§ 61.13001(3)(e)). A court may also consider it a factor in a relocation decision, in deciding whether to modify the parenting plan, as a basis to order the child's return, and as sufficient cause to order the parent to pay the other side's reasonable expenses and attorney's fees.

If you are thinking about moving first and sorting out the paperwork later, talk with a lawyer before you do anything.

What should you gather before meeting a relocation attorney?

Bring the documents that show your current arrangement and your plan. These are practical items, not a legal checklist:

• your current parenting plan and any orders about time-sharing;
• the new address, the planned move date and your reasons for moving;
• a written job offer, if the move depends on one;
• a proposed time-sharing and transportation schedule for the other parent;
• records of your involvement in the child's school, health care and daily routine; and
• a summary of current support payments and any open financial obligations.

A first conversation is also a good time to ask whether an agreement is realistic. A signed agreement can avoid a contested petition, but it has to include the schedule and transportation terms the statute requires. Our relocation practice page describes how we help, and our Boca Raton divorce attorney page explains the broader practice.

Frequently asked questions about child relocation in Florida

Does every move count as a relocation under Florida law?

Can I move my child if the other parent agrees?

What if the other parent does not respond to the petition?

Who has to prove that a relocation is in the child's best interest?

How long does a relocation case take in Palm Beach County?

Talk With Us About a Relocation

If you are considering a move with your child, or the other parent has told you about one, schedule a confidential consultation with Yaffa Family Law Group to talk through your options.

Disclaimer (general information): This article provides general information about Florida family law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and the law can change. Consult a Florida family law attorney about your situation.

Cited Sources

• Florida Statute § 61.13001, Parental relocation with a child
• Florida Statute § 61.13, Support of children; parenting and time-sharing; powers of court