These cases are time-sensitive.
Relocation petitions in Fort Lauderdale and Broward County are filed in the Broward County Circuit Court, Family Division. If the original custody order was entered in a different county, the petition may need to be filed there instead. Florida Statute §61.13001 controls all parental relocation matters statewide and has governed relocations filed since October 1, 2006. Cases with orders predating that change may follow different terms if the original order expressly addressed relocation.
Key deadlines that determine your outcome:
Florida courts do not presume for or against relocation. The parent seeking to move carries the burden of proving by a preponderance of the evidence that the relocation is in the best interests of the child. If that burden is met, it shifts to the non-relocating parent to show the relocation is not in the child’s best interests. The court weighs the child’s relationship with both parents, the reasons for the move, economic circumstances, the child’s age and developmental needs, and the feasibility of maintaining a meaningful relationship with the non-relocating parent after the move.
The non-relocating parent has 20 days to file a written objection after being served with a relocation petition, miss that window and the court may approve the move without a hearing
If a temporary relocation order is requested, a hearing must occur within 30 days of the motion being filed, absent good cause
If a notice for non-jury trial is filed, the trial must occur within 90 days, absent good cause
What the Court Can Order in a Florida Relocation Case
The court’s authority in a relocation case is broad.
Depending on the facts and how the case is litigated, a judge may:
Relocation cases move fast. The sooner you act, the more options you have.
Not if you have an existing custody or timesharing order and the move is more than 50 miles from your current address. Florida Statute §61.13001 requires either written consent from all parties with timesharing rights or a court order before you relocate. Moving without following this process can result in contempt, a court order to return the child, and adverse consequences in any future custody proceedings.
The court has authority to order the immediate return of the child, find you in contempt, modify the existing parenting plan against you, and order you to pay the other parent’s attorney fees and costs. In certain circumstances, an unauthorized move may also trigger criminal exposure under Florida’s interference with custody statute.
The threshold is 50 miles from the principal residence established in your most recent court order, for a period of at least 60 consecutive days. Temporary moves for vacation, medical care, or education are excluded. Anything that meets both criteria requires compliance with §61.13001, either a signed agreement ratified by the court or a formal petition.
You have 20 days from service of the relocation petition to file a written objection with the Broward County Circuit Court. Missing that window may result in the court approving the move without a hearing. If you have already been served, contact the firm immediately. An objection can be filed, a temporary order sought to maintain the status quo, and a contested hearing prepared on the child’s best interests.
Timeline varies based on whether the case is contested and the court’s current docket. If a temporary relocation motion is filed, a hearing is typically required within 30 days. Final hearings in contested cases are generally set within 90 days of a notice for trial being filed, absent good cause.
A job offer is a recognized factor under §61.13001, the court will consider the economic circumstances of both parents and whether the relocation improves financial conditions. However, approval is not automatic. You must demonstrate that the move serves the child’s best interests overall and that a revised timesharing plan can preserve the child’s relationship with the non-relocating parent. Proper documentation of the offer, compensation, and relocation necessity is essential.
Court approval of a relocation does not preserve the existing timesharing schedule, the judge will enter a revised parenting plan that accounts for the new geography. That revised plan addresses the frequency of visits, who pays transportation costs, how holidays and school breaks are divided, and how virtual contact will be maintained. The structure of the proposed revised timesharing plan submitted with the petition is one of the most scrutinized elements of a relocation case.
Yes. If a parent seeks to relocate and the court determines the move is not in the child’s best interests, the judge has authority to modify the existing parenting plan, including transferring primary custody to the non-relocating parent. This is one of the most significant risks for a parent who files a relocation petition without a well-prepared case. It is also one of the strongest arguments available to a parent opposing relocation.
