Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Florida, parental relocation is governed by Florida Statutes Section 61.13001, which addresses the relocation of a child's residence. When a parent wishes to move more than 50 miles away from their current residence for at least 60 consecutive days, not including temporary absences for vacation, education, or health care, they must either obtain written consent from the other parent or seek court approval. The written agreement must reflect consent to the relocation, define a time-sharing schedule for the non-relocating parent, and describe transportation arrangements related to access or time-sharing. If there is no agreement, the parent wishing to relocate must file a petition to relocate with the court, serving it to the other parent. This petition must include specific information, such as the address and phone number of the new location, the date of the proposed move, the reasons for relocation, and a proposal for a revised time-sharing schedule. The other parent has the right to object to the petition, and if they do, the court will consider the objection and determine whether the relocation is in the best interest of the child, taking into account factors such as the child's relationship with both parents, the age and needs of the child, the feasibility of preserving the relationship with the non-relocating parent, and the child's preference, among others. The court's primary consideration is always the best interest of the child.