Relocation and Custody: What Happens When One Parent Moves Away?
When one parent in Miami considers relocating—whether for a new job, family support, or other reasons—it can significantly impact a child custody arrangement. Florida law contains clear rules to protect children and ensure both parents maintain a meaningful relationship, while supporting developmental stability.
If you’re a parent facing—or considering—a move, it’s important to understand how relocation impacts child custody and what legal steps are required. At the Law Offices of Joseph M. Dobkin, our goal is to protect parental rights and keep your child’s needs front and center, from coast to coast.
Understanding Relocation in Child Custody Cases in FL
In Florida, custody is shaped by the child’s best interests. Courts start with the presumption of shared parental responsibility unless evidence indicates otherwise. Judges evaluate factors outlined in Florida Statutes § 61.13(3), which include each parent’s willingness to foster a positive relationship, history of substance abuse or domestic violence, home environment, and the child’s preferences if mature enough.
Once Florida issues a custody order, it generally retains exclusive jurisdiction over modifications—unless parents and the child relocate out of state together.
A relocation refers to a move that significantly impacts the current custody arrangement or the other parent’s ability to maintain a meaningful relationship with the child. A short move within the same city might not count, but moving to another county, state, or country typically does.
A relocating parent with primary or joint custody must usually obtain either:
- The other parent’s consent, or
- Court approval before relocating with the child.
Failing to follow this process can result in legal consequences, including being ordered to return the child or a modification of custody.
If You’re the Parent Who Wants to Move
If you are considering relocation:
- Review your custody order—some agreements already outline procedures for relocation.
- Notify the other parent in writing as early as possible.
- Consult an experienced family law attorney to help you follow the proper legal process and advocate for your parental rights.
Evaluating a Child’s Best Interest When Relocating
Courts evaluate relocation cases based on the best interests of the child. They consider several factors, such as:
- The reason for the move
- The potential benefit to the child (e.g., better schools, closer family support)
- The impact on the child’s relationship with the non-relocating parent
- The child’s preferences (especially for older children)
- The ability to maintain ongoing contact through visitation or virtual communication
Modifying Custody and Visitation
If the court allows the relocation, it will likely modify the existing custody and visitation order to accommodate the change.
This might include:
- Extended holiday or summer visitation with the non-relocating parent
- Regular video calls or phone calls
- Adjusted parenting schedules to minimize disruption
If You Disagree with the Relocating Parent
If you oppose the move:
- Don’t wait—file an objection with the court promptly.
- Consider whether a custody modification might be appropriate.
- Work with an attorney to build a strong case showing how the move would negatively impact your relationship with your child.
Relocation in Florida cases requires careful legal navigation to ensure moves align with your child’s best interests. Whether you’re planning to move or need to contest a relocation petition, the Law Offices of Joseph M. Dobkin is here to guide you through the process, protect your rights, and advocate for your family. Call our office today (305)661-7000 for a personalized consultation.
