Moving with a child after divorce or separation can affect an existing parenting plan and the other parent’s time-sharing rights. Under Florida law, certain moves require a written agreement or court approval.
Attorney Azhar Cheema represents parents seeking relocation and those opposing a proposed move. He helps with relocation petitions, objections, parenting-plan changes, evidence preparation, and court hearings.
Whether the move is within Florida or out of state, the legal approach depends on the distance, duration, existing court orders, and the child’s best interests.
Under Florida Statute § 61.13001, relocation generally means a change in a qualifying parent’s or other person’s principal residence at least 50 miles from the residence at the time of the last time-sharing order or the filing of a pending time-sharing action. The change must last at least 60 consecutive days.
Temporary absences for vacation, education, or the child’s healthcare are excluded. A move between Florida cities can qualify; moving out of state does not automatically trigger the statute if the distance and other requirements are not met.
Attorney Azhar Cheema can review existing court orders, the proposed destination, and the parenting arrangement to help determine whether the relocation requirements apply.
When all required parties agree to a move, they may sign a written agreement covering consent, a revised time-sharing schedule, and any needed transportation arrangements. Court ratification is required when there is an existing case or order addressing the child’s residence or time-sharing.
Without the necessary agreement, the relocating parent generally must file and serve a relocation petition. A parent or other person entitled to time-sharing who opposes the move generally has 20 days after service to file and serve a written objection.
Azhar assists clients on either side of the dispute, from reviewing proposed parenting arrangements to preparing petitions, objections, and evidence for a hearing.
A qualifying move of at least 50 miles for at least 60 consecutive days may require a written agreement or court approval under Florida law.
A parent entitled to time-sharing may object. If the move is contested, the judge decides whether relocation serves the child’s best interests.
Generally, you must file and serve a verified written objection within 20 days after being served with a relocation petition.
Some moves do not meet the statutory definition of relocation. Qualifying moves generally require a written agreement or court permission.
A court may order the child’s return, consider contempt or attorney’s fees, and address changes to time-sharing under Florida law.