Can You Move with Your Child After Divorce? Florida’s Relocation Laws and Mediation Solutions
Moving after divorce can feel like a fresh start — new opportunities, new beginnings. But when children are involved, relocating is far more complicated. In Florida, the relocation law does not allow a parent to up and move a child without following certain rules. If you are facing a custody move‑away dispute, understanding Florida’s relocation laws and how child relocation Florida mediation can help is essential.
What Florida Relocation Laws Says: The Basics of F.S. §61.13001
Florida Statute § 61.13001 is the legal framework that governs relocation when minor children are involved. Klein Law Group+3Florida Legislature+3HG.org+3 Here are some key points:
- Distance & Duration: To count as a relocation under the law, the move must be 50 miles or more from the parent’s current principal residence, and the move must last at least 60 consecutive days. Temporary or short‐term absences (for vacation, medical treatment, education, etc.) don’t count. Florida Legislature+2Men Only Family Law Blog+2
- Who it applies to: Anyone who has a right to time-sharing or visitation – not just the primary custodian. This includes legal parents and others who have been given visitation or access under court order. Florida Legislature+1
- Agreement or Court Order Needed: If both parents (and anyone else with time-sharing access) agree to the move, a written agreement that establishes the new time-sharing schedule and transportation/access plan can suffice, subject to court ratification. If there is no agreement, the relocating laws state the parent must file a petition to relocate and notify the other parent. Schipani, Norman & McLain, P.A.+2Florida Legislature+2
What to Do If You Want to Move with Your Child
Here’s a roadmap for parents considering relocation, keeping in mind custody move away dispute concerns:
- Communicate Early
If you’re thinking of moving, start by talking with the other parent. Explain your reasons, share the plan, and see if agreement is possible. - Collect Documentation
You’ll need to show the address of the new residence, job offers (if relevant), school details, how the move benefits the child, and a proposed updated time‑sharing and transportation plan. Charles E. Willmott, P.A.+2Klein Law Group+2 - Use Mediation
Florida encourages the use of mediation to resolve custody relocation disputes. Mediation gives both parents an opportunity, in a neutral setting, to discuss what works best for the child and to negotiate agreement without the stress, cost, and delay of a full court hearing. The Bonderud Law Firm+2Reineke Mediations+2 - File the Petition If Necessary
If there is no agreement, you must file a petition under §61.13001. The petition must meet statutory requirements, including detailing the move, proposed schedules, transportation, and reasons for the relocation. Florida Legislature+2Men Only Family Law Blog+2 - Court Decision: Best Interests of the Child
When a parent objects to the proposed relocation, the court holds a hearing. Florida law lays out specific factors the judge must consider, including the quality of the relationship with both parents, the child’s age and developmental needs, educational and emotional impacts, the feasibility of maintaining meaningful contact with the non-relocating parent, good faith of the moving parent, and others. Men Only Family Law Blog+2Florida Legislature+2
How Mediation Helps in Relocation Laws Disputes
Mediation isn’t just an alternative; in many cases, it’s one of the best options for resolving child relocation Florida mediation issues. Here’s why:
- Less Acrimony: Relocation disputes can be highly emotional. Mediation provides a structured, calmer environment for navigating sensitive issues. Reineke Mediations+1
- More Control: Parents have more say in the outcome — how time‑sharing will work, how travel logistics will be handled, etc. Instead of a judge imposing a plan, you can help shape a plan that realistically fits your lives. The Bonderud Law Firm+1
- Efficiency & Cost Savings: Mediation tends to be faster and less expensive than litigation. This matters a lot in a move‑away dispute where delays can cause stress and uncertainty. Schipani, Norman & McLain, P.A.+1
- Focus on the Child: Since both parties work together in mediation, more creative and customized solutions are possible — solutions that better align with the child’s emotional well‑being, continuity in schooling, social life, extracurriculars, etc. Reineke Mediations+1
Things to Watch Out For (Pitfalls)
When dealing with a custody move away dispute ( Relocation laws), there are several common pitfalls to avoid:
- Missing the 50‑mile / 60‑day rule: If your move doesn’t meet those thresholds, the statute may not apply — but other legal issues may. If it does meet them and you fail to follow the procedure, you risk legal consequences. Florida Legislature+1 and the Relocation Laws
- Poorly drafted proposals: If your revised time‑sharing schedule, transportation plan, or reasoning for relocation is vague or weak, the court might reject your request or impose terms you don’t like.
- Neglecting the non-relocating parent’s rights: Courts must preserve meaningful contact with the non‑moving parent where feasible. If the proposed plan isolates the other parent, that’s a red flag for courts.
- Relocating without court order or agreement: Doing so can lead to contempt, legal fees, even orders for return of the child. Read carefully the Relocation Laws: HallandaleLaw.com+2Men Only Family Law Blog+2
Practical Steps to Strengthen Your Case
To improve chances of success, focus on:
- Evidence of benefit — Whether it’s job, family support, educational opportunities, improved housing, etc. Show how the move improves the child’s life.
- Maintaining relationships — Offer specific, workable ways for the non‑relocating parent to maintain frequent, continuing, meaningful contact (visits, video, holiday time, travel arrangements) and commit to the logistics and costs.
- Demonstrating child’s needs — Consider the child’s age, developmental stage, schooling, social network, special needs, etc.
- Honesty and good faith — If the move is for convenience only, courts see through it. If legitimate reasons exist, show them.
When Mediation Isn’t Enough & You Might Need Court
Even with mediation, sometimes parents can’t agree. Or the non‑relocating parent may refuse mediation. In those cases:
- The petition under §61.13001 goes forward.
- A hearing is held where both sides present evidence.
- The court applies all the statutory factors and makes a decision in the best interests of the child.
- If relocation is approved, the court issues an order modifying the time‑sharing/parenting plan, possibly adjusting support and specifying who pays transportation costs. Florida Legislature+2Klein Law Group+2
Final Thoughts
Relocation disputes after divorce are often among the hardest parts of custody mediation. They bring up conflicting priorities: what’s best for the child, what employment or family needs the parent has, and what rights the non‑relocating parent holds. Florida’s statute § 61.13001 is designed to balance all of these while keeping the child’s best interests at the center. Susan Buckingham ( Saunders) is an expert mediator and parent coordinator who offers years of experience working with families and divorce.
If you’re facing a custody move‑away dispute, mediation should be one of your first steps. With proper preparation, documentation, and willingness to negotiate, many families reach agreements that serve both parents and most importantly, the child. Remember, reaching an agreement with your co-parenting partner is your best defense against Florida’s new Relocation Laws.
