Can I Relocate With My Child During a Florida Divorce? What Florida Judges Really Look At

During a Florida divorce, life does not stop. Jobs change, rent goes up, new relationships form, and sometimes a parent feels they need a fresh start somewhere else. If you share a child, though, you cannot simply pack up and move. Relocating without a plan can damage your case and your relationship with your child.

For parents in West Palm Beach and throughout Palm Beach County, Florida has specific relocation rules. They do not ban you from moving, but they do control when and how you can relocate a child and what judges look for before they say yes.

Key Takeaways

In Florida, relocation usually means moving your primary residence 50 or more miles for at least 60 days.
You generally need either a written agreement that meets legal requirements or a court order before relocating a child.
Judges focus on your child’s best interests, including safety, stability, and realistic time sharing with the other parent.
A clear relocation plan and a track record of following court orders can strengthen your case.

What Is Child Relocation Under Florida Law?

Under Florida Statute 61.13001, relocation is a change in the location of a parent’s principal residence by 50 or more miles for at least 60 consecutive days. Short trips for vacation, education, or health care usually do not count.

If there is a Parenting Plan or time-sharing order in place, you typically have two options:

Everyone with time-sharing rights signs a written agreement that meets the statute and is approved by the court.
You file a petition to relocate and ask the court for permission.

Either way, the focus stays on your child’s best interests, not just the adult reasons for the move.

When Will a Florida Judge Approve Relocation?

Florida judges must review a list of factors in section 61.13001 when deciding whether to approve a relocation request. In plain language, the court looks at:

How involved each parent is in the child’s daily life now
How the move will affect the child’s school, medical care, activities, and emotional stability
Whether there is a realistic plan to preserve the relationship with the non-relocating parent
Whether the parent seeking relocation is acting in good faith
Whether there is any history of domestic violence, substance abuse, or neglect

The judge can also consider the child’s reasonable preference, depending on age and maturity. A relocation that clearly improves safety, education, or long-term stability for the child is evaluated very differently from a move based mainly on an adult’s convenience.

Common Reasons Parents Ask to Relocate With a Child

Every family is different, but some themes appear often in Florida relocation cases:

Safety and domestic violence. A parent may need to move to protect the child from abuse or serious conflict. Courts pay close attention to documented safety concerns.
Major financial changes. A solid job or lower cost of living in the new area can support a relocation request if it clearly helps the child.
Remarriage or a partner’s job transfer. A new spouse or partner may have firm ties to another city or state.
Support from extended family. Nearby grandparents or other relatives who can help with childcare and emotional support can be a significant factor.

These reasons alone do not guarantee approval. Judges still want to see a concrete plan for school, health care, and time-sharing, and they watch for signs that a move is really about cutting the other parent out.

How To Build a Strong Relocation Plan

If you are considering a move, planning ahead can help you present a calmer, clearer case to the court. Helpful steps include:

Talk with a Florida family law attorney before making big changes, such as signing a new lease or giving notice at work.
Gather information that shows why the move makes sense, such as job offers, salary information, school comparisons, and housing options.
Prepare a detailed proposed Parenting Plan for after the move. Include holidays, school breaks, video calls, and who pays for travel.
Stay current on child support and follow your existing Parenting Plan while your request is pending.
Keep written records that show you are willing to keep the other parent informed and involved.

Courts are often looking for which parent is more likely to support a healthy relationship between the child and the other parent. Your actions before and during the case can carry as much weight as your written petition.

FAQs: Child Relocation During a Florida Divorce

Will the court approve my relocation just because my ex agrees?
Not always. A written agreement that meets the statute and is approved by the court carries a lot of weight, but the judge can still review whether the move is in your child’s best interests.

Do I still need the court’s permission if I move less than 50 miles?
Moves under 50 miles usually are not treated as relocation under 61.13001, but your Parenting Plan or court orders may still control school zones, exchanges, and notice. It is wise to get legal advice before you move.

What happens if a parent relocates a child without permission?
The court can order the child to return, change time-sharing, or impose other remedies. Moving first and asking later can seriously damage your credibility in a relocation case.

Talk With a West Palm Beach Family Law Attorney

If you are thinking about relocating with your child, or you just learned that your co-parent wants to move, you do not have to figure this out alone. For more than three decades, I have helped parents in West Palm Beach and throughout Palm Beach County work through relocation questions while keeping the focus on their children.

To talk through your situation and your options, contact The Law Office of Eric C. Cheshire, P.A. in West Palm Beach at (561) 677-8090, or reach out through our website to request a confidential consultation focused on helping you protect what matters most.