How Florida Courts Handle Child Time-Sharing When One Parent Wants to Relocate

Few situations in Fort Lauderdale child time-sharing cases create more conflict than when one parent wants to move away with the children. Whether it’s across the state or across the country, relocation can jeopardize the other parent’s rights and the stability your children have come to depend on.

Florida law takes this seriously and sets clear rules that every parent must follow. Our experienced Fort Lauderdale child time-sharing lawyer explains how the law applies and factors the court considers before approving a move.

Requirements for Relocating in Fort Lauderdale Child Time-Sharing Cases

Under Section 61.13001 of the Florida Statutes, a relocation is defined as any move of 50 miles or more from a child’s principal residence that lasts at least 60 consecutive days, not counting temporary absences for vacations, education, or medical care.

When a Fort Lauderdale parent wants to relocate and the other parent agrees, they can create a written agreement and file it with the court, so it can be incorporated into the existing parenting order. When parents cannot agree, the process is more complex.

The relocating parent needs to file a formal Petition to Relocate, which must include:

• The full address of the proposed new residence.
• The reasons for the proposed relocation.
• A proposed revised time-sharing schedule and transportation plan for the non-relocating parent.
• A description of how the relocating parent intends to preserve the child’s relationship with the other parent.
• The date of the proposed move.
• Information about any proposed schools, childcare, or community resources at the new location.

The non-relocating parent then has 20 days to file a written objection. Failing to respond within that window can result in the court approving the relocation without a hearing.

How the Broward County Family Court Decides Whether to Approve a Relocation

Florida courts do not presume that a move should be approved or denied simply because it would affect the current time-sharing schedule. Judges evaluate the full picture, including:

• The nature and quality of each parent’s relationship with the child.
• The child’s age, developmental stage, and specific needs.
• The reasons each parent supports or opposes the relocation.
• Whether the move would improve the quality of life for both the relocating parent and the child.
• The potential impact of the relocation on the non-relocating parent’s relationship with the child.
• The feasibility of a revised time-sharing schedule.
• The child’s preference based on their age/maturity.

One of the biggest issues judges with the Broward County Family Court consider is whether the relocation is genuinely motivated by the child’s well-being rather than an attempt to limit the other parent’s access.

Consult Our Experienced Fort Lauderdale Child Time-Sharing Lawyer

Whether you are trying to relocate with your child or fighting to stop the other parent from moving away, the stakes are high. Get trusted, professional legal representation from Vanessa L. Prieto Law Offices.

Our experienced Fort Lauderdale child time-sharing lawyer can review your situation, advise you on your options, and protect your rights in court. Contact us today to request a consultation.

Sources:

flsenate.gov/Laws/Statutes/2024/0061.13001

flcourts.gov/content/download/686031/file_pdf/995a.pdf