Moving Out of State with Child & NO Custody Agreement in Florida

Are you considering moving out of the state with your child but don’t have a custody agreement, known as a parenting plan in Florida, in place?

Your first steps depend on one of the following scenarios:

1. If you are married to the other parent; or
2. If you are not married or were never married to the other parent, but there is a open paternity action; or
3. If you are not married or were never married to the other parent, and no paternity action is open in the Court.

This is important as Florida laws operate differently from scenarios 1 and 2 versus scenario 3. This is because Florida statutes that govern scenario 3 view the child’s mother as the sole legal guardian of the minor child and, therefore, is entitled to relocate with the child before a paternity action is filed by either parent.

There are exceptions to this, and hiring a Florida child custody lawyer will help guide you through those. Otherwise, for the purpose of this article, we will address scenarios 1 and 2.

Understanding Florida Law & Child Relocation

Moving out of state with a child can be a complicated and emotional decision, especially when no custody agreement exists. In Florida, the parental relocation law is clear: A judge will only grant a parent’s request to relocate with a child if it is deemed in the child’s best interests.
Several factors are considered when making this decision, including whether a parenting plan is in place.

Understanding Parenting Plans

Before we dive into why a judge may deny your request to relocate, it’s important to understand relocation and child custody in Florida.

A parenting plan is a legal document that outlines a child’s custody terms and visitation. It is typically created during a divorce or separation, and it sets out the rights and responsibilities of each parent.

Without a parenting plan, both parents have equal rights to the child and cannot make major decisions about the child’s upbringing without consulting the other parent. This can lead to conflicts and legal issues, especially when one parent wants to move more than 50 miles away with the child and the other parent objects.

In fact, Florida’s parental relocation law actually requires that even if it’s just a parent seeking to relocate more than 50 miles away, without the child, that parent must still seek permission from the court. That is how important and serious Florida courts view relocations and the effects they may have on minor children.

Reasons a Judge May Deny Relocation for Parents Moving Out of State

In Florida, there are several reasons why a judge may deny a parent’s request to relocate with a child.

1. The Move Could Disrupt the Child’s Relationship With the Other Parent

One of the main factors that a judge considers when making a relocation decision is its impact on the child’s positive relationship with the other parent. A judge may deny the request if the move significantly disrupts the child’s positive relationship with the other parent. This is because the court believes maintaining a strong relationship and loving bond with both parents is in the child’s best interests.

2. The Distance of the Move

Any parent must seek permission from the Court to move more than 50 miles away. A judge may be more likely to grant the request if the move is within a reasonable distance. However, a judge may be more inclined to deny the request if the move is to a faraway location that will make it difficult for the other parent to maintain a relationship with the child.

3. The Potential Impact on the Child’s Education

A judge may also consider the move’s impact on the child’s education. If the move significantly disrupts the child’s schooling, a judge may be more likely to deny or postpone the request. This is because the court knows receiving a quality education is in the child’s best interest.

4. Parental Motives

The motives of the parent who is requesting the move are another consideration that the court will examine. If the move is being made in bad faith, such as to deprive the other parent of access to the child, a judge may be more likely to deny the request.

5. The Child’s Age and Needs

The child’s age and needs are also important factors. If the child is very young or has special needs, a judge may be more likely to deny the request, if it disrupts the growth and therapies the child with special needs is currently receiving.

The court also takes into consideration any disruptions to the child’s relationships with close family members and long-term friends. The court believes that it’s in the child’s best interest to have stability and continuity in their life.

Tips for Approaching Child Relocation

If you are considering moving out of state with your child and don’t have a parenting plan in place, you can do a few things to increase your chances of success:

• Communicate with the other parent. It’s important to communicate with the other parent and reach an agreement before going to court. If the other parent agrees to the move, you can create a parenting plan outlining custody and visitation terms. If the other parent disagrees, you must go to court and ask a judge to decide.
• Hire an experienced family law attorney. Going to court without an experienced Florida family law attorney can be risky. An attorney can help you navigate the legal system and present your case in the best possible light. They can also help you understand your rights and obligations under the law.
• Be prepared to show that the move is in the child’s best interests. When making a relocation request, it’s important to show that the move is in the child’s best interests. This may involve presenting evidence such as job offers, school enrollments, and housing arrangements.
• Be willing to compromise. When negotiating with the other parent, being willing to compromise is important. This may involve agreeing to more frequent visitation or allowing the other parent more say in the child’s upbringing.
• Be patient. Relocation cases can take time to resolve. It’s important to be patient and trust the legal process. Remember that the court’s primary concern is not to take sides between parents. Their goal is to identify the child’s best interests.

Build Your Relocation Case With the Help of an Experienced Florida Child Custody Lawyer

Moving out of state with a child when there is no parenting plan or custody order in place can be a complex and emotional issue. In Florida, there are several reasons why a judge may deny a parent’s request to relocate with a child. By understanding these reasons and following the tips outlined here, you can increase your chances of success.

If you need help navigating the complicated road to relocating with your child, contact us today at Vasquez de Lara Law Group, and we’ll review your case. Our Florida family law attorneys near Kendall are prepared to assist you with the statutory requirements and legal filings necessary for your relocation petition.

FAQ: Florida Child Relocation

What counts as “relocation” under Florida law?

Relocation means changing a child’s principal residence more than 50 miles for at least 60 consecutive days. Parents can either sign a written relocation agreement with a new time-sharing schedule and transportation plan, or a parent must file a Petition to Relocate that includes the new address, move date, reasons, and a proposed schedule. The other parent has 20 days to file a written objection. If no timely objection is filed, the court may allow the move without an evidentiary hearing.

Can I move out of state if there is no custody order yet?

If there is no order and no case pending, the relocation statute’s procedures may not yet be triggered, but moving can still create legal problems. The other parent can immediately file a case in Florida, which is often the child’s home state if the child lived here within the last 6 months, and ask the judge to address time-sharing. Courts can quickly set hearings and may order the child returned while the case is decided. The safest path is to file first and seek an agreement or court approval before moving.

What if a parent moves the child without permission or court approval?

The court can order the child returned, issue temporary orders, and consider the unauthorized move when deciding future time-sharing. Judges can also award attorney’s fees and costs, and may use contempt and other remedies to enforce compliance.

What if I need to move quickly for a job or safety?

You can ask for a temporary relocation order if you properly file a Petition to Relocate. Courts give these cases priority, and a hearing on a temporary request generally must occur within 30 days. The court can allow a temporary move if it finds it is likely to approve the relocation at the final hearing.