Few issues in family law bring more stress than when one parent wants to move with a child. In a Florida child relocation custody case, the decision can reshape parenting time, stability, and the child’s future.
For families in St. Petersburg and across Pinellas County, the law requires careful consideration before a parent can relocate with a child. Courts look closely at whether a move truly supports the child’s best interests, and disputes often become highly emotional.
Parents facing this situation need to understand the rules for relocation, the options for raising an objection, and the court factors that decide the outcome.
If you’re facing a relocation dispute or worried about losing time with your child, don’t wait. Call Bernstein Law at (727) 209-7957 today to get clear guidance from an experienced custody attorney.
Want To Talk To An Experienced Family Law Attorney?
Florida’s 50-Mile Relocation Rule
When parents face relocation disputes, everything begins with Florida’s 50-mile rule. This law defines when a move crosses the line from a personal choice to a legal issue requiring court involvement. Understanding this threshold is essential before taking any step toward moving with a child.
What the 50-Mile Rule Means
Under Florida Statute §61.13001, a relocation is triggered when a parent wants to move a child’s residence more than 50 miles away for at least 60 consecutive days. Short-term changes, such as vacations, medical care, or temporary schooling, don’t count as relocation under the statute.
When Court Approval or Consent Is Required
If a parent plans to relocate, the law requires one of two things:
- A written agreement signed by both parents (a consent order), or
- A formal petition to the court requesting relocation.
Moving without consent or court approval can bring serious consequences, including contempt proceedings or changes to custody arrangements.
Local Perspective: Relocation Disputes in Pinellas County
In Pinellas County, judges apply the 50-mile rule with close attention to the child’s best interests. For example, a parent in St. Petersburg who wanted to move across the state for work needed to prove the move would not disrupt the child’s schooling or relationship with the other parent. Cases like this highlight how local judges balance opportunity with stability, making experienced legal guidance essential.
Once the 50-mile rule applies, the relocating parent must carry the burden of proving the move serves the child’s overall welfare. Courts expect strong evidence, which makes preparation critical in these cases.
Legal Burden on the Relocating Parent
Relocation cases in Florida custody law are not treated lightly. The parent who wants to move must prove that the relocation is in the child’s best interests, not simply convenient or advantageous for themselves. This responsibility, known as the “burden of proof,” sets a high bar in court.
Burden of Proof Explained
Florida courts place the legal burden squarely on the relocating parent. They must demonstrate through evidence that the move will genuinely benefit the child’s well-being, education, and overall stability. Judges make clear distinctions between what is good for the parent and what is good for the child, and the latter always comes first.
Court Expectations for Relocation Petitions
A relocation petition must provide detailed and accurate information. At minimum, courts require:
- The new address and updated contact details.
- The intended date of the move.
- A clear explanation of the reasons for relocation, such as career opportunities, family support, or financial stability.
- A proposed revised parenting plan and time-sharing schedule that accommodates the other parent’s involvement.
The petition must also be properly served to the other parent, giving them the opportunity to review and object. Failing to meet these expectations can derail the entire request.
Hypothetical Relocation Dispute in Pinellas County
To illustrate how these cases can unfold, imagine a hypothetical situation where a parent in St. Petersburg receives a job offer in Orlando. On the surface, the new position offers better pay and professional growth. The court, however, would weigh this opportunity against the child’s established school environment, close friendships, and regular contact with the other parent.
This type of example shows how judges carefully balance opportunities for the relocating parent with the child’s need for continuity. It also highlights how strong documentation, from employment contracts to school performance reports, can make a critical difference.
Because the relocating parent must meet such demanding standards, courts also examine specific factors to decide whether a move truly serves what most benefits the child.
Court Factors in Relocation Cases
When parents disagree about relocation, judges turn to a specific set of factors outlined in Florida law. These considerations help the court evaluate how a move may affect the child’s daily life, long-term stability, and relationships. Each case is unique, but the following issues consistently guide the court’s analysis.
Child’s Relationship With Each Parent
Judges closely examine the strength of the child’s bond with both parents. If relocation would disrupt frequent contact or reduce meaningful involvement with one parent, this can weigh heavily against approval. Courts want to preserve consistent and positive parent–child relationships whenever possible.
Impact on Schooling and Stability
Education and routine often play a decisive role. A relocation that threatens to interrupt a child’s academic progress, extracurricular activities, or ties to their community may raise serious concerns. Courts often prioritize stability and continuity as key components of a healthy upbringing.
Financial and Career Opportunities for the Relocating Parent
Courts also assess whether the proposed move improves the relocating parent’s financial situation. A stronger income, better housing, or improved access to healthcare may indirectly benefit the child. However, judges weigh these advantages against any loss of stability or connection to the other parent.
Availability of Alternative Visitation Arrangements
If relocation is approved, the court evaluates how to preserve the child’s relationship with the non-relocating parent. Options may include extended summer visits, virtual communication, or holiday adjustments. Demonstrating a workable long-distance plan can help ease the court’s concerns about diminished contact.
Child’s Best Interests as the Guiding Principle
Every factor circles back to the same guiding standard: what outcome most benefits the child. Florida courts consistently emphasize that relocation decisions are not about convenience for parents but about ensuring the child’s overall well-being.
Relocation disputes are rarely decided on one factor alone. Instead, courts balance the entire picture, weighing both the opportunities and challenges a move may bring. This comprehensive approach makes skilled legal guidance essential for any parent navigating the process.
How to Object to a Proposed Relocation
Filing an Objection
The non-relocating parent must file a written objection with the court. This document should explain, with facts and specific reasons, why the relocation would harm the child’s well-being. General statements or emotional appeals carry little weight; courts look for clear, evidence-based arguments.Legal Timeline to Respond
Florida law gives the non-relocating parent 20 days to respond after receiving the relocation petition. If no objection is filed within this period, the court may approve the relocation by default, sometimes without a hearing. Missing this deadline can mean losing the chance to contest the move altogether.Why Timing and Urgency Matter
Every day counts in a relocation dispute. Acting quickly not only preserves parental rights but also shows the court that the parent is engaged and committed to the child’s stability. Delays can weaken credibility and make it harder to challenge relocation effectively.Role of Legal Representation
Because the objection must be properly drafted, served, and filed on time, legal representation is critical. An attorney can ensure no deadlines are missed and that the strongest possible arguments are presented. At Bernstein Law, parents receive direct guidance from attorney Derek Bernstein, who understands the urgency of custody disputes and provides the focused support families need. Objecting to relocation is more than a procedural step, it’s a race against the clock. With the right preparation and immediate action, parents can give themselves the best chance of protecting their time and relationship with their child.Documentation & Legal Preparation
Relocation cases in Florida custody disputes are won and lost on evidence. Judges need more than personal statements, they look for clear records that show a parent’s role in the child’s life and the potential impact of a move. Organized documentation can make the difference between a strong case and a weak one.
Why Documentation Matters
Detailed records provide the foundation for convincing the court. Without them, even genuine claims about a parent’s involvement or a child’s needs can be dismissed as unverified. Documentation brings credibility and clarity, giving the judge concrete information to consider.
Types of Records to Keep
Parents preparing for a relocation case should gather:
- Communication logs showing interactions between parents.
- School records, including report cards, teacher notes, and attendance.
- Medical records and documentation of healthcare appointments.
- Records of extracurricular activities, practices, and performances.
- Evidence of daily care, from homework help to transportation logs.
How Documentation Supports Both Sides
Strong records are essential no matter which side of the relocation case a parent is on.
- For the relocating parent: documentation can prove legitimate reasons for moving and demonstrate a commitment to preserving the child’s relationship with the other parent.
- For the objecting parent: records help show consistent involvement in the child’s daily life and the harm that relocation could cause to that bond.
Practical Tool for Parents
To simplify preparation, parents can benefit from using a relocation checklist. This tool helps organize school, medical, and communication records in one place, reducing stress and ensuring nothing important is overlooked. At Bernstein Law, we recommend parents use such a checklist to stay focused and ready for court.
Whether seeking to relocate or fighting against it, parents who arrive in court with well-prepared documentation give themselves a far stronger position.
Common Mistakes Parents Make in Relocation Cases
Relocation disputes move quickly, and small missteps can carry major consequences. Parents who understand the most common pitfalls are better positioned to protect their rights and avoid setbacks in court.
Moving Without Court Approval or Consent
Relocating a child before obtaining a court order or written consent is one of the costliest mistakes a parent can make. Courts may view this as a violation of custody rights, leading to contempt proceedings or even a change in custody arrangements.
Ignoring Strict Legal Deadlines
Florida relocation law imposes strict timelines, and missing them can undermine a case. Even short delays weaken credibility and may result in losing the ability to challenge or support a relocation request.
Assuming Verbal Arguments Are Enough
Judges decide based on evidence, not intentions. Parents who rely only on verbal claims often find their positions dismissed. Documentation, such as school records, medical records, and parenting logs, gives the court the proof it needs to weigh the facts.
Waiting Too Long to Get Legal Advice
Many parents wait until a dispute is already in motion before reaching out for help. By then, critical deadlines may have passed, or mistakes may be harder to undo. Early guidance from an attorney provides strategy, clarity, and protection at every step.
Avoiding these mistakes keeps parents focused on what matters most: presenting a strong, credible case that prioritizes the child’s needs.
The Law Bear Difference in Florida Relocation Cases
Relocation cases are some of the most complex and emotional disputes in Florida family law. Every decision can alter a child’s daily life and long-term development, which is why courts weigh each detail with care. Having a lawyer who understands both the law and the personal stakes can make all the difference.
High Stakes of Relocation
When a parent seeks to move, the outcome can redefine parenting time and stability for years to come. Courts evaluate every factor with precision, making strong and informed legal guidance essential from the start.
Experience in St. Petersburg & Pinellas County
Attorney Derek Bernstein has handled custody and relocation disputes throughout St. Petersburg and Pinellas County. His familiarity with local judges and court expectations allows him to prepare cases strategically and with a clear understanding of how the law is applied in the community.
The Law Bear Advantage
Known to many as “The Law Bear,” Derek is respected for being both approachable with his clients and fiercely protective of their rights in court. Unlike larger firms, Bernstein Law ensures clients work directly with Derek, not shuffled between staff or junior attorneys.
Personalized Representation
Every family’s situation is different, and Derek tailors his approach to match each client’s goals. His representation balances empathy with determination, offering both compassionate support and strong advocacy when it matters most.
This unique balance of local knowledge, hands-on representation, and steadfast advocacy is what sets Bernstein Law apart in Florida relocation cases.
Frequently Asked Questions About Florida Child Relocation Laws
Parents facing relocation disputes often have urgent concerns about their rights and responsibilities. Below are clear answers to some of the most common questions families ask in Florida move-away custody cases.
What Is The Florida 50-Mile Rule In Child Custody Cases?
Answer: The 50-mile rule means that if a parent wants to move more than 50 miles away from their current residence for at least 60 days, they must either obtain written consent from the other parent or get approval from the court.
How Does A Parent Legally Request Relocation With A Child In Florida?
Answer: A parent must file a relocation petition with the court. The petition should include the new address, the intended move date, the reasons for relocation, and a proposed revised parenting plan. The other parent must be properly served with notice.
What Can I Do If I Want To Stop A Relocation Request?
Answer: The non-relocating parent must file a written objection within 20 days of receiving notice. The objection should clearly explain why the move is not in the child’s best interests and include supporting facts. Missing this deadline can allow relocation by default.
How Do Florida Courts Decide If Relocation Is In The Child’s Best Interests?
Answer: Judges look at multiple factors, such as the child’s relationship with each parent, the impact on schooling and stability, the benefits of the move for the child, and the practicality of maintaining a meaningful relationship with the non-relocating parent.
What Happens If A Parent Moves Without Court Approval?
Answer: Relocating without consent or a court order can result in serious legal consequences, including contempt proceedings, loss of custody rights, or forced return of the child. Courts take unauthorized moves very seriously.
Can Relocation Cases Affect An Existing Parenting Plan Or Time-Sharing Order?
Answer: Yes. Relocation often requires a modification of the current parenting plan. The court may adjust visitation schedules, communication methods, and holidays to accommodate long-distance arrangements.
Why Should I Hire A Lawyer For A Move Away Custody Case In FL?
Answer: Relocation cases involve strict deadlines, complex legal standards, and high stakes for both parents and children. A skilled attorney can help ensure petitions or objections are properly filed, present strong evidence, and protect your parental rights throughout the process.
While these questions cover the basics, no two relocation cases are exactly alike. The outcome often depends on the details of your situation. Speaking with an experienced custody lawyer ensures you have guidance tailored to your family’s needs.
Act Fast In Florida Relocation Disputes — Call Bernstein Law Today
In relocation cases, time is not on your side. Every day matters when deadlines are tight and your relationship with your child is at stake. Acting quickly gives you the best chance to protect your rights, present strong evidence, and secure an outcome that safeguards your child’s future.
At Bernstein Law, families in St. Petersburg and across Pinellas County trust Derek Bernstein for his deep local experience with custody and relocation disputes. He knows how local judges weigh these cases and provides the focused guidance parents need to navigate the process with confidence.
You don’t have to face the stress of a move-away custody case alone. Call Bernstein Law today at (727) 209-7957 or fill out our online contact form to speak directly with Derek. With the right legal advocate by your side, you can take action now to protect both your rights and your child’s future.
