Life can change quickly after a divorce or separation. New career opportunities, educational goals, remarriage, or the desire to be closer to family may lead a parent to consider moving with a child. While these opportunities can be exciting, parental relocation after divorce often involves important legal requirements that cannot be overlooked. Making the wrong decision or relocating without complying with Florida law could significantly affect your parental rights and your relationship with your child.
Working with an experienced divorce and family law attorney can help you understand your rights, your responsibilities, and the legal process involved in relocation. Whether you hope to move with your child or you have learned that your child's other parent wants to relocate, having knowledgeable legal guidance can make a meaningful difference in protecting your family's future.
At the Cortes Legal Group, we know that relocation cases are about much more than moving to a new city. They are about preserving meaningful parent-child relationships while helping families make decisions that serve the child's best interests. We take the time to understand each family's unique circumstances and develop personalized legal strategies designed to protect our clients and their children throughout the process.
Relocation cases are among the more complex matters in family law because they affect both parents and, most importantly, the child. Florida law places specific requirements on parents who wish to relocate a certain distance from their current residence when doing so will substantially affect the existing parenting schedule.
Relocation may become necessary for many reasons, including:
Although these reasons may be entirely legitimate, the court must carefully evaluate how the proposed move could affect the child and the relationship with both parents.
Every relocation request has its own unique circumstances. We carefully evaluate each client's goals while helping them understand how Florida courts approach relocation cases and what steps to take before any move.
Many parents are surprised to learn that they cannot simply move with their child after a divorce or custody order has been established. In many situations, a parent who wishes to relocate must either obtain the other parent's written consent or receive court approval before relocating. It should be noted that the term “custody” has largely been superseded in Florida by “parental responsibility” and “time-sharing,” except under certain circumstances.
Attempting to move without following the proper legal procedures can create significant legal complications. It may affect an existing parenting plan and could even influence future decisions regarding time-sharing or parental responsibility.
At the Cortes Legal Group, we help parents understand whether court approval is necessary and guide them through every step of the legal process. Taking the proper legal steps from the beginning can help families avoid unnecessary disputes and protect their parental rights.
Whether you are requesting permission to relocate or responding to another parent's request, having an experienced divorce and family law attorney advocating for your interests can provide valuable peace of mind.
Every relocation case is decided based on its own facts. Florida courts focus on what arrangement serves the child's best interests while considering the rights of both parents.
Some of the factors that may be considered include:
These factors can have a lasting impact on your family. Our legal team works diligently to gather supporting evidence, prepare persuasive legal arguments, and help clients present the strongest possible case.
When parents cannot agree on a proposed move, the relocating parent may need to file a petition to relocate with the court. This legal request explains the proposed relocation, the reasons for the move, and how the relocation may affect the child and the existing parenting plan.
The petition generally includes information such as:
Our attorneys prepare a thorough relocation petition that clearly explains why the proposed move is appropriate and addresses the legal requirements established by Florida law.
If you have received notice that the other parent has filed a petition to relocate, it is equally important to respond promptly. Our law firm helps parents understand their legal options, protect their relationship with their children, and present their concerns effectively before the court.
Relocation often requires more than simply requesting permission to move. When a proposed relocation substantially changes the existing parenting schedule, the court may also need to consider child custody modifications. A move that affects school schedules, travel time, or each parent's ability to spend meaningful time with the child may require adjustments to the parenting plan.
Parenting plans are designed to support a child's stability while preserving strong relationships with both parents. When relocation becomes necessary, we work closely with clients to develop proposed parenting arrangements that continue to promote the child's best interests while addressing the practical realities of living farther apart.
Relocation can sometimes lead to child custody disputes, especially when parents disagree about whether the move is in the child's best interests. It should be noted that the term “child custody” has largely been superseded in Florida with “parental responsibility” and “time-sharing.”One parent may believe the relocation offers greater educational or career opportunities, while the other may worry about losing valuable parenting time or weakening the parent-child relationship.
Whenever possible, Attorney Fernanda Cortes and Attorney Randy McClean encourage constructive communication and negotiated solutions that reduce conflict and help families reach agreements without unnecessary litigation. However, when an agreement cannot be reached, our attorneys are fully prepared to advocate for clients in court while focusing on protecting their parental rights and promoting the child's best interests.
Parental relocation after divorce can impact financial responsibilities between parents. Depending on how parenting time changes after a move, a child support modification may become appropriate. Changes in travel expenses, overnight visitation, or the amount of time the child spends with each parent can all affect existing child support arrangements.
Because every family's financial situation is different, our legal team works to develop practical legal solutions that support the child's needs while protecting our clients' financial interests.
At the Cortes Legal Group, we are committed to providing compassionate, personalized representation to every client we serve. Relocation decisions often come during already stressful periods of life, and we provide clients with clear communication, honest advice, and individualized legal strategies from a law firm who genuinely cares about their future. We help clients understand every available option before making important decisions. Informed clients are empowered clients, and we work diligently to help families navigate relocation matters with confidence.
Clients throughout Central Florida appreciate the Cortes Legal Group for its professionalism, compassion, and dedication. Every relocation case is personal, and we are committed to providing the individualized attention every family deserves.
When do I need the other parent’s consent or court approval to move with my child?
Short answer: Under Florida law, a parent who wants to relocate a certain distance from their current residence in a way that substantially affects the existing parenting schedule must either get the other parent’s written consent or obtain court approval before moving. If you’re unsure whether your situation triggers these requirements, an attorney can assess your plan and guide you through the proper steps.
What are the risks of relocating without following Florida’s legal requirements?
Short answer: Moving without consent or court approval can lead to serious consequences. The court may order the child’s return, modify the parenting plan, and your decision could negatively affect future rulings on timesharing or parental responsibility. Taking the correct legal steps from the outset helps protect your parental rights and your child’s best interests.
What factors do Florida courts consider in a relocation case?
Short answer: Courts focus on the child’s best interests while weighing both parents’ rights. Relevant factors may include:
What should a petition to relocate include, and how should I respond if I receive one?
Short answer: A petition typically explains the move and its impact on the child and parenting plan, and includes: the proposed new address, reasons for the move, the intended moving date, a revised parenting schedule, transportation arrangements for timesharing, and any other details required by Florida law. If you receive notice of a petition, respond promptly to protect your rights and present your concerns effectively to the court.
How can relocation affect parenting plans and child support?
Short answer: A move that substantially changes school schedules, travel time, or each parent’s ability to spend meaningful time with the child may require modifications to the parenting plan. Relocation can also impact child support when parenting time or related expenses (like travel) change significantly. An attorney can help propose practical, child-focused adjustments that support your child’s needs and reflect each family’s financial realities.
If you are considering relocating with your child or have concerns about a proposed move, you do not have to navigate the legal process alone. The Cortes Legal Group is committed to helping families throughout Orlando and Central Florida understand their rights and make informed decisions during challenging times.
Whether your case involves a petition to relocate, child custody modifications, a child support modification, or complex child custody disputes, our attorneys will work tirelessly to protect your parental rights while helping you pursue the best possible outcome for your child. At the Cortes Legal Group, you will receive compassionate representation, personalized attention, and trusted legal guidance from attorneys who genuinely care about your family's future.
If you are ready to discuss your relocation matter with an experienced divorce and family law attorney, call the Cortes Legal Group today to schedule your confidential consultation. The Cortes Legal Group serves all of Central Florida including Orange, Osceola, and Seminole Counties.
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