MILLER LEGACY LAW

Relocating to Florida with a child from another state involves navigating complex legal requirements to ensure compliance with Florida’s relocation statutes. At Miller Legacy Law, we  are dedicated to guiding you through this process, safeguarding your parental rights, and prioritizing your child’s best interests.

Under Florida Statute §61.13001, “relocation” is defined as a change in the principal residence of a parent or other person from their current residence at the time of the last order establishing or modifying time-sharing, or at the time of filing a pending action to establish or modify time-sharing. The new location must be at least 50 miles away from the current residence and for at least 60 consecutive days, not including temporary absences for vacation, education, or health care.  

1. Agreement Between Parents: If both parents (and any other individuals entitled to access or time-sharing with the child) consent to the relocation, a written agreement should be drafted. This agreement must:

• Reflect consent to the relocation.

• Define a revised access or time-sharing schedule for the non-relocating parent and others entitled to time-sharing.

• Describe any transportation arrangements related to access or time-sharing.

Once completed, the agreement should be submitted to the court for ratification. If no party requests a hearing within 10 days after filing, the court will presume the relocation is in the child’s best interest and may ratify the agreement without an evidentiary hearing. 

2. Petition to Relocate: If an agreement cannot be reached, the parent seeking to relocate must file a petition to relocate and serve it upon the other parent and any other individuals entitled to access or time-sharing with the child. The petition must include:

• A description of the intended new residence.

• The mailing address of the intended new residence, if different from the physical address.

• The home telephone number of the intended new residence, if known.

• The date of the intended move or proposed relocation.

• A detailed statement of the specific reasons for the proposed relocation. If one reason is a job offer, the written job offer must be attached.

• A proposal for the revised post-relocation schedule for access and time-sharing, including transportation arrangements.

The petition must also include a specific statement informing the non-relocating parent of the requirement to respond within 20 days, failing which the relocation will be allowed unless it is not in the child’s best interests.  

When a relocation is contested, Florida courts evaluate several factors to determine whether the move is in the child’s best interests, including:

• The nature, quality, extent of involvement, and duration of the child’s relationship with both parents, siblings, and other significant individuals.

• The age and developmental stage of the child, and the potential impact of the relocation on the child’s physical, educational, and emotional development.

• The feasibility of preserving the relationship between the non-relocating parent and the child through suitable time-sharing arrangements, considering logistics and financial circumstances.

• The child’s preference, if they are of sufficient maturity.

• Whether the relocation will enhance the general quality of life for both the parent seeking relocation and the child, including financial or emotional benefits.

• The reasons each parent has for seeking or opposing the relocation.

• The current employment and economic circumstances of each parent and how the proposed relocation may affect these circumstances.

• Any history of substance abuse or domestic violence by either parent.

• Any other factor affecting the best interest of the child or as set forth in §61.13.

Relocating without complying with Florida’s statutory requirements can lead to serious legal consequences, including:

• Being held in contempt of court.

• Compelling the return of the child.

• Modification of the existing time-sharing arrangement to the detriment of the relocating parent.

• Assessment of attorney’s fees and costs against the non-compliant parent.

At Miller Legacy Law, we offer more than just legal representation—we provide a competitive advantage. Here’s why clients trust us with their relocation cases:

• Strategic Expertise: We know how important it is to present a case that resonates with judges, emphasizing your child’s well-being while addressing the legal criteria required for success.

• Customized Advocacy: We don’t believe in a one-size-fits-all approach. We tailor every strategy to the specifics of your case, leveraging unique details to strengthen your position.

• Proactive Communication: We keep you involved at every stage, ensuring you feel confident and informed throughout the process.

• Trial-Ready Advocacy: While many firms focus solely on settlements, and it is our sincere goal to find an amicable resolution for our clients, we prepare every case as though it will go to trial, giving you a decisive edge in negotiations or in court.

• Compassion with Results: We understand the emotional stakes of relocation cases and balance compassionate client support with a relentless focus on achieving your goals.

Choosing the right attorney can make or break your relocation case. At Miller Legacy Law, we are committed to being the partner you can trust to protect your rights, your future, and your child’s best interests. Let us help you secure the outcome you deserve.