Child Visitation

Although parents can agree to changes in child visitation at any time, it will not be enforceable until the court has approved it. While visitation modifications are easier to have approved than changes in custody, it is still important that you have representation in visitation modification cases.

Contact our office to learn more about modifying a visitation arrangement.

Parental Relocation

If you are the custodial parent of a child and are planning on relocating, or if you are the non-custodial parent of a child and the custodial parent is planning on relocating, there are new changes in Florida law that impose certain notification requirements that must be met before a relocation can take place.

Ensuring You & Your Child’s Rights Are Protected

It is important that you have an experienced Child Custody Attorney representing you in a relocation situation. At Parra Harris Law we are experienced in all areas of child custody law and are ready to help.

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Visitation & Parental Relocation in Florida FAQs

What is considered "relocation" under Florida law?

Under Florida Statute § 61.13001, “relocation” is defined as a change in the location of a child’s principal residence that is at least 50 miles away from their residence at the time of the last court order, and which is intended to last for at least 60 consecutive days (excluding temporary absences for vacation, education, or healthcare).

Can I move with my child without the other parent's permission?

If your move meets the definition of relocation (50+ miles for 60+ days), you cannot simply move without legal compliance. You must either:

  • Obtain a Written Agreement: Secure a signed, written agreement with the other parent detailing the new timesharing schedule and transportation arrangements, which must then be approved by the court.

  • File a Petition for Relocation: If the other parent does not agree, you must formally petition the court for permission to relocate.

What happens if I move without court approval or an agreement?

Relocating with a child in violation of Florida Statute § 61.13001 can have serious legal consequences. The court may:

  • Order the immediate return of the child to the original residence.

  • Hold you in contempt of court, which can result in fines or even jail time.

  • Require you to pay the other parent’s attorney’s fees and legal costs.

What is the process for filing a "Petition to Relocate"?

If the other parent objects or will not sign an agreement, you must file a formal Petition to Relocate with a Child with the court. This petition must be signed under oath and include:

  • The physical and mailing address of the intended new residence.

  • The proposed date of the move.

  • A detailed statement explaining the reasons for the move (e.g., job offer, educational opportunities, family support).

  • A proposed revised timesharing schedule and a plan for transportation costs.

What is the deadline for the other parent to object?

Once you serve the other parent with the petition, they have 20 days to file a written objection with the court. If they fail to file an objection within this window, the court may presume the relocation is in the child’s best interest and approve the move without a hearing.

How does the court decide whether to approve a move?

The court’s primary concern is the “best interest of the child.” Factors the judge will evaluate include:

  • The nature and quality of the child’s relationship with both parents.

  • The child’s age, developmental stage, and special needs.

  • The feasibility of maintaining a meaningful relationship with the non-relocating parent through new visitation arrangements.

  • The motivation for the move (e.g., is it a good-faith effort to improve the child’s or parent’s quality of life?).

  • Any history of substance abuse or domestic violence.

Does the child's preference matter?

If a child is of sufficient age and maturity, the court may consider their stated wishes regarding the relocation. However, this is just one of many factors and does not automatically dictate the court’s decision.

How are visitation and travel costs handled after a move?

If relocation is approved, the court will typically modify the existing parenting plan. This includes creating a new timesharing schedule (often involving longer, consolidated blocks of time) and explicitly defining who is responsible for the costs of transportation (e.g., airline tickets, driving expenses) to ensure the child can maintain their relationship with the non-relocating parent.

Are you planning a move or concerned about a co-parent's relocation?

Relocation cases are time-sensitive and legally complex. Whether you need to file a petition or protect your relationship with your child by filing an objection, Parra Harris Law is here to advocate for your family’s needs.