If you are divorced, going through a divorce or have an established court-ordered time-sharing schedule, and your ex has mentioned a job offer or a fresh start in another city, you may wonder whether your ex can simply take your children along. Understanding how the process works may help you know your options and respond in time.
A move of 50 miles or more triggers Florida’s relocation rules
Under Florida law, a move counts as a relocation when a parent’s principal residence ends up at least 50 miles away, in a straight line, from where the parent lived when the most recent time-sharing order was entered or the case was filed, and the change lasts 60 days in a row or longer.
Trips for vacation, school or a child’s medical care do not count. If your ex plans a move that meets this test, your ex needs your written agreement, which the court approves, or the court’s permission. A shorter move falls outside these rules but may still require a parenting plan change if it affects your time-sharing schedule.
You have 20 days to object once you are served
If your ex files a petition to relocate, you have 20 days after being served to file a written, sworn objection. It should explain your specific reasons, how involved you are in your children’s lives, and your proposed time-sharing schedule. A timely objection stops your ex from relocating the children until the court gives permission.
If you miss the deadline, the law presumes the move is in your children’s best interests, and the court can approve it without a hearing. Moving the children without following these steps can lead to contempt, an order to return them and attorney’s fees.
The court decides based on your children’s best interests
After you object, the court decides based on your children’s best interests, and no presumption favors either parent. Your ex goes first and must show it is more likely than not that the move is in your children’s best interests. If your ex does, you must then show it is more likely than not that the move is not.
The judge weighs factors such as each parent’s relationship with the children, the children’s ages and needs, whether a long-distance schedule can preserve your bond, and each parent’s reasons for moving or objecting. These hearings get calendar priority.
Getting legal guidance when your ex plans to move
Because the 20-day deadline can start soon after service, it helps to speak with an attorney as soon as you hear about a possible move.
An attorney who handles family law can review your parenting plan and help you prepare a sworn objection if you decide to contest it. Acting early may help you protect your time with your children. Every case is different, but understanding your options early may help you feel more prepared.