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A Navigating Relocation with

Children After Divorce in Florida

by Kayla Richmond, Esq.

eparation and divorce are challenging, plans about the new location, reasons for moving, and how the
especially when children are involved. relocation will improve the quality of life for the parent and child are
S In Florida, the complexities increase for essential.
parents contemplating relocation due to the The court evaluates various aspects, including the child’s age,
state’s stringent laws governing such moves. academic performance, and community connections. The potential
Understanding Florida’s Relocation Statute for improved quality of life is scrutinized, with employment
§61.13001 is crucial for divorced parents opportunities for the relocating parent being a significant factor. The
considering a new start in a different location. support of family and extended family, the duration the child has
This article delves into the implications of lived in a location, and the roots they have established are also critical
Florida law on divorced parents with children considerations. For those parents in new relationships, beware that only
looking to relocate. a limited emphasis is placed on new spousal employment opportunities
Understanding Florida’s Relocation Statute or a new spouse’s family ties to a different area.
At the heart of Florida’s approach to parental relocation is Statute The Priority of Proximity to Both Parents
§61.13001, a regulation designed with the child’s best interests in Florida courts prioritize keeping children within close proximity
mind. This statute sets a clear boundary: relocation is moving a parent’s to both parents over the desires of one parent to relocate. This stance is
principal residence more than 50 miles from their residence as stated in vital for parents to understand, especially those motivated by a desire to
the last court order or final judgment. distance themselves following a breakup, return to their hometown, or
Many parents, in the wake of separation, believe they have the liberty move in with a new partner. Ultimately, the court’s decision centers on
to move freely, sometimes seeking to put distance between themselves the child’s best interests and maintaining balanced relationships with
and their former partner. However, this belief is a misconception under both parents.
Florida law. Whether intending to take the child along or not, a parent Implications for New Florida Residents
planning to move more than 50 miles from their current residence must For those who have recently relocated to Florida, it’s important to
seek court approval. This requirement stems from the need to protect note that upon establishing residency (defined as living in Florida for
children from being displaced from their community as well as maintain six months), you may become subject to Florida’s family law statutes,
close proximity to both parents, which is considered crucial for the including the relocation statute. This means any future moves will need
child’s well being in most cases. to navigate these legal requirements.
The Challenge of Agreement and Court Permission Understanding the legal landscape is paramount in navigating
If a parent has a valid reason to relocate, ideally, both parents would the complexities of relocation after a divorce in Florida. This guide,
agree on relocation terms, making the process smoother. However, enriched by Kayla Richmond’s expertise, aims to provide divorced
reaching an agreement is often difficult, as it involves altering the child’s parents with the knowledge needed to make informed decisions
schedule and possibly affecting their lifestyle and community ties. In about relocating with their children, ensuring their actions align with
cases where mutual agreement is unattainable, the parent wishing to Florida’s legal requirements and, most importantly, serve the best
relocate must petition the court for permission, presenting a compelling interests of their children.
case that the move is in, not only the parent’s best interest, but the About the Author
child’s best interest. Kayla Richmond, Esq., brings a wealth of expertise in Divorce, Marital,
Court Considerations for Relocation Requests and Family Law, holding recognition as a Florida Bar Board-Certified
When a parent seeks court permission to relocate, several factors expert. Her accolades include "Rising Star" by Florida Super Lawyers and
come into play. The burden of proof lies with the parent proposing the "Top Lawyer" by Naples Illustrated. Kayla’s commitment extends beyond the
move. They must demonstrate that the relocation will not hinder a courtroom, evidenced by her active volunteer work and leadership in local
meaningful relationship between the child and both parents. Detailed organizations. For more insights, visit henlaw.com or contact her at
kayla.richmond@henlaw.com
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