What Lee County Parents Need to Know

Divorce often comes with significant changes, and for many parents, relocation becomes necessary due to career opportunities, family support, or personal reasons. However, moving away with a child after divorce is not a simple decision in Florida. The law requires parents who share custody to follow specific legal steps before relocating, ensuring that the move is in the child’s best interest.

If you plan to move more than 50 miles from your current residence in Fort Myers, Cape Coral, Bonita Springs, or anywhere in Lee County, for more than 60 consecutive days, you must obtain legal approval. Failure to do so can lead to serious consequences, including loss of custody.

This article outlines the legal requirements, court considerations, and how to strengthen your case for relocation.

What is Considered “Relocation” Under Florida Law?

Under Florida Statute 61.13001, relocation is defined as moving 50 miles or more from the child's primary residence for at least 60 consecutive days. This includes moves within Florida, out of state, or internationally.

Relocation does not apply if:

• The move is temporary, such as an extended vacation.
• Both parents consent to the move in writing.
• The move is for a short-term work assignment.

If your move qualifies as relocation, you must follow the legal process to ensure compliance with Florida custody laws.

Steps to Legally Relocate with Your Child

1. Obtain the Other Parent’s Consent

If both parents agree to the move, they must sign a written agreement that includes:

• The new address.
• A proposed modification to the time-sharing schedule.
• Arrangements for transportation and visitation.

This agreement must be filed with the court for approval to ensure it is legally enforceable.

2. File a Petition for Relocation

If the other parent does not consent, you must file a Petition for Relocation with the Florida family court. The petition must include:

• A detailed explanation of the reason for relocation (e.g., job opportunity, better school district, family support).
• The exact location of the new residence.
• A proposed long-distance parenting plan, including visitation and travel arrangements.

Once filed, the other parent has 20 days to respond. If they object, the case will go to a hearing where a judge will decide whether the move is in the child’s best interest.

What Happens if the Other Parent Objects?

If the other parent opposes the relocation, both parties will present their case at a court hearing. The burden of proof is on the parent seeking to move, who must show that relocation is in the child’s best interest.

The court will evaluate factors such as:

• The child’s current relationship with both parents.
• The impact of the move on the child’s education, emotional well-being, and overall stability.
• The financial and social benefits of the move.
• Whether the relocating parent has a solid plan for maintaining the child’s relationship with the non-relocating parent.
• The ability of the non-relocating parent to continue exercising parental rights after the move.

The parent seeking relocation must provide compelling evidence that the move will improve the child's quality of life while preserving a meaningful relationship with the other parent.

Key Factors Florida Courts Consider in Relocation Cases

Florida courts always prioritize the best interest of the child when deciding relocation cases. Some of the most important factors include:

1. The Reason for Relocation
   • A move due to a better-paying job, educational opportunities, or family support is viewed more favorably than a move based on personal preference.
2. The Child’s Relationship with Both Parents
   • If the child has a strong bond with the non-relocating parent, the court may be hesitant to approve the move.
3. The Educational and Social Impact
   • The quality of schools, extracurricular opportunities, and overall lifestyle at the new location will be considered.
4. The Proposed Visitation Plan
   • A detailed plan showing how the child will maintain a close relationship with the non-moving parent is critical.
5. The Child’s Preference
   • If the child is mature enough, the court may consider their opinion on the move.
6. Any History of Abuse or Neglect
   • If one parent has a history of domestic violence, substance abuse, or neglect, it may affect the court’s decision.

Each case is unique, and the final decision will be based on the specific circumstances surrounding the move.

How to Strengthen Your Relocation Case

If you are seeking to relocate, preparing a strong case is essential. Here are steps to improve your chances of court approval:

• Provide clear evidence that the move benefits the child.
  • Demonstrate improvements in education, healthcare, or financial stability.
• Offer a comprehensive long-distance parenting plan.
  • Include details on visitation, travel expenses, and virtual communication.
• Show a willingness to facilitate the child’s relationship with the other parent.
  • Offering to cover transportation costs for visitation can help your case.
• Document any issues with the other parent’s involvement.
  • If the non-relocating parent has a history of neglect or lack of involvement, this may support your case for moving.
• Work with an experienced family law attorney.
  • An attorney can guide you through the legal process and build a compelling argument for relocation.

What Happens if You Move Without Court Approval?

Relocating without legal approval can result in:

• Being held in contempt of court.
• Losing custody or modifications to the parenting plan that favor the other parent.
• A court order requiring the child to be returned to Lee County.

Parents who relocate without following Florida’s legal requirements may face serious legal consequences, including possible criminal charges for parental abduction.

Why You Need an Experienced Family Law Attorney

Relocation cases in Lee and Collier counties are among the most complex family law disputes. Courts rarely approve moves unless there is clear evidence that relocation benefits the child without significantly harming the other parent’s relationship.

At Law by Bazaz, we specialize in Florida parental relocation cases and understand the challenges that parents face when seeking to move after divorce. Whether you are trying to relocate or fighting to keep your child in Lee County, we can help you navigate the legal process and present the strongest possible case in court.

If you need legal guidance on relocating with your child, contact Law by Bazaz today for a confidential consultation.