Osceola County Child Relocation Lawyer

Protecting your parental rights during a move.

Navigating Florida’s Relocation Laws

Relocating with a child after a divorce or paternity judgment is one of the most complex areas of Florida family law. Whether you are seeking to move for a new job or family support, or you are fighting to prevent your child from being moved away, you need experienced legal representation.

Attorney Joseph R. Greschner understands the strict statutory requirements of Florida’s 50-mile relocation rule and will aggressively advocate for your parental rights and your child’s best interests in Osceola County court.

Frequently Asked Questions

What is considered a “relocation” in Florida?

Under Florida law, relocation means a change in the primary residence of a parent or child of at least 50 miles from their current home, for a period of 60 consecutive days or more (excluding temporary absences for vacation, education, or healthcare).

Can I move if the other parent agrees?

Yes. If both parents agree to the relocation, they must sign a written agreement that defines the consent, details the new timesharing schedule for the non-relocating parent, and outlines how transportation costs will be handled. This agreement must then be ratified by the court.

What if the other parent does not agree to the move?

If there is no agreement, the relocating parent must file a formal Petition to Relocate with the court. The petition must include specific details about the move, such as the new address, the reason for moving, and a proposed timesharing plan.

How many days does the other parent have to object?

After being served with a Petition to Relocate, the non-relocating parent has exactly 20 days to file a formal, written objection with the court. Failing to object in time may result in the court granting the relocation without a full hearing.

What factors does the judge consider in a relocation case?

The judge evaluates several factors, including the child’s relationship with both parents, the age of the child, the reasons for the move, whether the move will improve the quality of life for the parent and child, and whether a substitute timesharing schedule can preserve the relationship with the non-relocating parent.

Can I move with my child before getting court approval?

No. Relocating a child 50 miles or more without a court order or written agreement violates Florida law. The court can order the immediate return of the child, hold the relocating parent in contempt, and it can negatively impact your future custody rights.

Who pays for travel costs if the relocation is approved?

The court will determine how travel expenses for visitation are shared. Often, the judge will require the relocating parent to bear a significant portion of the transportation costs, or adjust child support to accommodate the travel expenses.