Relocation Cases in Florida Family Law

Relocation Cases in Florida Family Law

Relocation cases arise when a parent wishes to move with their child to a new residence that is a significant distance away from the other parent. In Florida, relocation is strictly regulated because it can greatly affect a child’s relationship with both parents. If one parent wants to relocate more than 50 miles away for 60 consecutive days or longer, Florida law generally requires either the written consent of the other parent or approval from the court.

Linda Capobianco, an experienced family law attorney at Stone Law in Stuart, Florida, assists parents with relocation cases involving child custody, time-sharing, and parenting plans. Whether you are seeking to relocate with your child or objecting to a proposed move, having experienced legal guidance is essential to protect your parental rights and the best interests of your child.

What Is Considered Relocation Under Florida Law?

Under Florida Statute §61.13001, relocation refers to a parent moving a child’s primary residence more than 50 miles from their current residence for at least 60 consecutive days. Temporary moves for vacations, medical treatment, or educational programs typically do not qualify as relocation under the law.

Relocation can affect many aspects of a parenting arrangement, including:

  • Time-sharing schedules

  • Parental responsibility and decision-making

  • Travel and transportation arrangements

  • Communication between the child and the non-relocating parent

Because relocation can significantly change the child’s relationship with the other parent, Florida courts carefully evaluate these cases.

Filing a Petition for Relocation

If a parent wants to relocate with a child, they must file a Petition to Relocate with a Minor Child with the court. This petition must include detailed information such as:

  • The new address and location of the proposed residence

  • The reason for the relocation

  • A proposed revised time-sharing schedule

  • Transportation arrangements for visitation

  • Information regarding the child’s education, healthcare, and community connections

The other parent has the right to object to the relocation and request a court hearing.

How Courts Decide Relocation Cases

When determining whether relocation should be approved, Florida courts focus primarily on the best interests of the child. Judges consider several factors, including:

  • The child’s relationship with each parent

  • The age and needs of the child

  • The impact of the move on the child’s education, emotional development, and stability

  • The reasons for the proposed relocation

  • Whether the relocation will improve the quality of life for the parent and child

  • The feasibility of maintaining a meaningful relationship with the non-relocating parent

Each relocation case is unique, and courts carefully evaluate the specific circumstances involved.

How Linda Capobianco Can Help

Relocation disputes can be emotionally challenging and legally complex. Linda Capobianco works with parents in Stuart, Florida and throughout Martin County and the Treasure Coast to guide them through the relocation process while protecting their parental rights.

She can assist with:

  • Filing or responding to relocation petitions

  • Developing revised parenting plans and time-sharing schedules

  • Negotiating relocation agreements when possible

  • Representing clients in family court hearings

  • Protecting the best interests of the child

Whether you are requesting relocation or opposing a move, having an experienced family law attorney can help ensure your position is properly presented to the court.

Relocation Attorney in Stuart, Florida

Relocation cases can significantly impact both parents and children. Understanding your legal rights and options is essential before making decisions that could affect your family’s future.

If you need assistance with a relocation case in Stuart, Florida, contact Stone Law to schedule a consultation with Linda Capobianco and discuss your situation.

Helpful Links

Government & Legal Resources

Florida Courts – Family Law Forms – official family law forms (divorce, custody, support).
Florida Department of Revenue – Child Support Services – info on child support enforcement in Florida.
Florida Bar Association – Family Law Section – resources on divorce, custody, and family law practice.
U.S. Department of Health & Human Services – Child Welfare – child custody and welfare resources.

Family & Child Support Resources

Florida Department of Children and Families (DCF) – services for families and children.
National Responsible Fatherhood Clearinghouse – resources for fathers navigating custody and support.
Administration for Children & Families – federal resources on child support, parenting, and family services.

Domestic Violence & Family Safety

Florida Coalition Against Domestic Violence – support for victims of domestic violence.
National Domestic Violence Hotline – confidential help for those in abusive situations.
RAINN – National Sexual Assault Hotline – resources for survivors of sexual assault.

Mediation & Parenting Resources

Florida Supreme Court – Alternative Dispute Resolution – mediation and conflict resolution services.
American Academy of Matrimonial Lawyers – professional org focused on divorce and custody best practices.
KidsHealth – Divorce – resources for parents helping children through divorce.