Relocation and Custody

Parental Relocation & Child Custody in Florida

Moving Away? Get Help Maintaining Your Parental Rights

Americans have become a mobile society. We move to other cities and states for employment, a promotion, remarriage, education opportunities, to be near family, and sometimes just to avoid traffic or find better weather. When a parent wants to relocate, the case frequently ends up in litigation. Neither parent wants to be separated from his or her children, so both parents tend to fight all the way to the end.

At R. Gregory Colvin, LLC, our lead Orlando parental relocation attorney is a true trial lawyer. He is fully prepared to take your case as far as it needs to go. Please keep in mind that judges rule toward what is in the best interests of the child - which can go either way. It is our job to help make sure that not only are your child's interests are protected, but your parental interests as well.

If you want to relocate to another state or city or want to prevent your former spouse from relocating, you need an experienced attorney by your side.

Call our office at (407) 603-3460 or request a consultation online.

Florida Custody Relocation Laws

If you are the custodial parent, you can’t just relocate with the children without consulting your ex, and the court, beforehand. The first thing you can do is to check your divorce or child custody decree for any restrictions on either parent’s ability to move the child beyond a specified geographic limit. Travel restrictions are very common, and they are usually discussed during the divorce proceedings.

Travel can also be restricted by state law. In Florida, if a parent is relocating more than 50 miles from his or her current residence for at least 60 days, both parents must sign a written agreement that spells out the terms of the move and new custody arrangements. The agreement should:

  • Demonstrate that both parents agree to the relocation
  • Show a time-sharing schedule for the non-relocating parent
  • State how the parents will handle the transportation for visitation periods

The court will take into consideration some of the following:

  • The child’s relationship with the relocating and non-relocating parent
  • The child’s age and current needs
  • The impact on development
  • If either parent has a history of substance abuse or domestic violence
  • Whether the relocation will improve the lives of the parent and child
  • The child’s preference

Child Visitation & Timesharing

Family court has a pre-determined process regarding relocation modifications to child support:

  1. There are specific statutes that outline what the relocating parent must do. There is no guarantee that a parent can leave - even if the other parent does not object.
  2. If the parents cannot come to an agreement, the case goes to mediation.
  3. During mediation, each parent has his or her own attorney and a third attorney acts as a mediator.
  4. A signed mediation agreement is binding.
  5. Approximately 80 percent of relocation disputes are settled during mediation.
  6. If a mediation agreement is not reached, the case goes before a judge who can rule in either direction.

As an Orlando attorney with over 25 years of experience, Gregory Colvin has represented both fathers and mothers, the relocating parent and the non-relocating parent. We have also acted many times as the neutral mediator.

Potential Timesharing Results

The judge will rule in the "best interests of the children" which is in favor of the petition about half the time.

Possible outcomes in timesharing cases may include:

  • - The relocating parent may be allowed to leave with the children and a new timesharing agreement is worked out.
  • - The relocating parent may leave without the children and a new timesharing agreement is worked out.
  • - Although rare, the relocating parent may decide to stay, or both parents may relocate.

If you have any questions about your potential relocation, contact our office at (407) 603-3460.

Why Hire Our Orlando
Family Law Attorney?

  • (+) 25+ years of trusted legal service
  • (+) Trial-tested skill to represent you in court if necessary
  • (+) Available to meet with you on weekends
  • (+) Large firm experience at a small firm price
  • (+) Accessible 24/7 by phone to answer your questions

Contact Us Today

Send My Information