Yes, moving with your child without proper authorization can be illegal under Florida law. This applies when you relocate at least 50 miles away from your current home for 60 consecutive days or longer.
However, this does not mean you have to give up that great job opportunity or those plans for a fresh start. You only need to understand and go through the proper legal process.
What are Florida’s guidelines for relocating with children?
You must obtain either written consent from the other parent or express court approval before relocating. This applies whether you share custody or have primary residential responsibility.
If you are planning to get court approval, you will need to file a formal Petition for Relocation with the court. This petition must include specific details about your intended move, reasons for relocating and a proposal for a revised parenting schedule.
Courts will evaluate this petition based on various factors, including:
- Your child’s relationship with both you and the other parent
- The educational and developmental benefits of the move
- The economic advantages for the family
- The feasibility of maintaining the non-relocating parent’s relationship with the child
- Your reasons for seeking relocation, which must be in good faith
If the other parent opposes the move, they must file a verified written objection with the court within 20 days after you formally serve them with the Petition for Relocation. You may also need to work with an attorney. They can help you gather the necessary evidence to defend your relocation case.
What happens if you move before receiving court approval?
Moving first and seeking permission later can lead to severe consequences. Florida law considers unauthorized relocation as a form of parental interference. This can lead to charges of contempt of court. The court may also issue emergency orders requiring the child’s immediate return to their original location. All these can affect your parental rights in ongoing or future proceedings.
You don’t have to choose between your future and your rights
Your desire for a better life for you and your child is valid and achievable. While the laws and processes involved can be complicated, they can work in your favor when you approach them correctly and with proper legal guidance.