Relocation After Divorce in Florida: Legal Standards & Strategies – When Split Happens Episode 10

This post is part of a series summarizing each episode of When Split Happens, Sasso Guerrero & Henderlite’s podcast. Access all episode topics here.

In this episode of When Split Happens, Jacksonville family law attorney Jay Henderlite of Sasso Guerrero & Henderlite explores one of the most challenging post-divorce issues families face: relocation with a child after divorce or separation. Many parents assume moving for a new job, relationship, or family support is simply a personal decision, but Florida law treats relocation as a structured legal process requiring court approval or written agreement.

Jay explains how relocation requests are evaluated, including the legal standards courts use, the role of time-sharing arrangements, and how proposed moves can affect parental rights and long-term custody outcomes. He outlines what relocating parents must prove and how non-relocating parents can respond when a move may disrupt an existing parenting plan.

He also addresses common misconceptions about relocation cases that often lead to conflict or denied requests, emphasizing how early planning and proper legal guidance can help families in Jacksonville and Northeast Florida avoid costly mistakes.

Related: Announcing When Split Happens, New Family Law Podcast Hosted by Jay Henderlite

Why relocation cases are different (and why that matters)

Moves after a parenting plan is already in place are among the most emotional and legally complex issues parents face. Relocation touches opportunity, stability, and a child’s relationship with both parents. In Florida, relocation is not treated the same as a routine custody modification — it has its own statute, strict filing requirements, and a specialized best-interest analysis. Understanding those differences at the start can prevent costly mistakes.

How Florida defines relocation

Under Florida law, a move is considered a relocation when it meets two clear thresholds:

• Distance: More than 50 miles from the parent’s current residence.
• Duration: The move will last at least 60 consecutive days (not counting vacations or short-term work travel).

If both thresholds are met and you share time-sharing with the other parent, you cannot simply change the parenting plan by moving — you must follow the relocation statute.

When you can move with agreement from the other parent

If both parents consent to the move, the simplest path is a written relocation agreement that:

• Specifies the new residence address;
• Includes a proposed revised parenting/time-sharing schedule;
• Details transportation and exchange logistics;
• Explains how regular communication and virtual contact will be maintained.

That agreement must still be submitted to and approved by a judge to become enforceable. Until a judge signs it, the relocation is not legally authorized.

When there’s no agreement: Petition to Relocate

If the other parent does not agree, the parent who wants to move must file a formal petition to relocate. Florida requires very specific information in that petition. Missing required elements can lead to an automatic denial.

The petition should include:

• The address of the proposed new residence (or as much detail as is known);
• Clear reasons for the move (job, family support, housing, education, safety, etc.);
• A proposed revised parenting plan and time-sharing schedule;
• Transportation plans and exchange locations;
• How contact and communication will be preserved between the child and the non-moving parent;
• Any supporting documents (offer letters, housing leases, school information, or other evidence relevant to the move).

The legal standard: a relocation-specific best-interest test

Relocation petitions are not decided under the same framework as routine custody modifications. Florida applies a relocation-specific best-interest analysis that asks whether the proposed move will serve the child’s best interests taking into account several factors, including:

• The reason for the move and the benefit to the child’s quality of life (education, housing, family support, safety, or employment opportunities);
• The feasibility of preserving a meaningful relationship between the child and the non-relocating parent (considering distance, travel costs, and the proposed time-sharing schedule);
• Each parent’s role in the child’s life and the established routines and bonds;
• Whether the move will significantly disrupt the child’s school, social life, or established parenting schedule;
• Any history of parental alienation, domestic violence, or interference with time-sharing.

Employment or financial benefit alone does not automatically justify relocation. The court balances all factors with the child’s stability and meaningful contact with both parents as priorities.

Burden of proof and objections

If the non-moving parent objects, the burden shifts to the relocating parent to prove the move is in the child’s best interests. The objecting parent should document:

• Their active involvement in the child’s daily life;
• Consistency of routines, school and extracurricular participation, medical and emotional support;
• The strength and importance of the parent-child bond;
• How the proposed relocation would negatively impact the child’s relationship with them.

Judges pay close attention to routines, emotional bonds, and whether a workable time-sharing plan preserves the non-relocating parent’s meaningful contact.

Timing: never relocate before approval

One of the most critical traps is relocating before a court decides. An unauthorized move is risky:

• The court may order the child returned to the prior residence;
• Unauthorized relocation can harm your credibility with the judge;
• In some cases the court may modify primary time-sharing because of the move.

Bottom line: do not move until you have either a signed written agreement approved by the court or a court order permitting the relocation.

Practical checklist for a relocating parent

If you are considering a move, prepare carefully:

1. Confirm the move meets the relocation statute (more than 50 miles, at least 60 days).
2. Talk to the other parent—get a written agreement if possible and submit it for court approval.
3. If no agreement, prepare a petition to relocate with all required details and supporting documents (job offers, housing, school info, proposed parenting schedule, transportation plan, communication plan).
4. Be ready to explain how the move benefits the child beyond parental convenience or financial gain.
5. Keep meticulous records that show your involvement in the child’s life and plans to preserve the other parent’s meaningful contact.
6. Never relocate until the court has signed an order or approved a written agreement.
7. Consult an experienced family law attorney early—relocation cases are fact-sensitive and procedural missteps can be decisive.

Key takeaways

• Relocation in Florida is tightly regulated: moves over 50 miles for more than 60 consecutive days trigger the statute.
• If both parents agree, submit a written agreement to the court for approval — until then, the move is not authorized.
• Without agreement, file a petition to relocate that meets Florida’s strict content requirements.
• The court applies a relocation-specific best-interest test; employment benefits do not automatically win the case.
• Unauthorized relocation risks court-ordered return and negative custody consequences.

Next steps

Relocation disputes are high-stakes and highly technical. If you’re planning a move or responding to a co-parent’s relocation request, strategy, timing, and documentation matter. Seek legal guidance early to protect your rights and most importantly, your child’s best interests.

Frequently asked questions

What exactly counts as a relocation under Florida law?

A relocation is a move of more than 50 miles from your current residence that will last at least 60 consecutive days. Short vacations or temporary work travel do not count.

Can I relocate if the other parent agrees?

Yes. If both parents sign a written relocation agreement that includes a revised parenting plan, transportation, and communication arrangements, submit it to the court for approval. Until a judge signs it, the move is not legally authorized.

What must be filed if the other parent does not consent?

You must file a petition to relocate containing the proposed new address, the reasons for the move, a proposed revised parenting plan, transportation and communication details, and supporting documentation. Omitting required information can result in denial.

Can relocation be denied even if it improves my finances or job prospects?

Yes. Employment and financial benefits are only part of the analysis. The court weighs the total impact on the child’s best interests, including stability and the feasibility of preserving the non-relocating parent’s relationship with the child.

What can I do if my co-parent wants to move?

You can object and the relocating parent then bears the burden of proving the move is in the child’s best interests. Document your involvement, the routines you maintain, and how the move would disrupt the child’s life and your relationship with them.

Can I relocate before the court decides?

Almost never. Moving before obtaining court approval or a signed written agreement can lead to a court-ordered return of the child and can negatively affect custody outcomes.

Need personalized advice?

If you’re in northeast Florida and facing a relocation issue, consult an attorney experienced in Florida family law. Proper planning, documentation, and timing can make all the difference.

For more information or to discuss a potential relocation, visit familylawyerjax.com.