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A Navigating Relocation with

Children After Divorce in Florida

by Kayla Richmond, Esq.

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

Life in Naples | January 2025 31