Helping Miami Area Parents Navigate Child Relocation Matters

Relocating with a child can be one of the most difficult challenges a parent faces—especially when custody or time-sharing orders are already in place. A move may offer new opportunities, but it also raises serious legal questions that must be addressed carefully and promptly. Florida’s relocation laws are strict, and missteps can have lasting consequences.

At Allison Rub, P.A., we represent parents throughout Miami and surrounding areas in relocation-related custody matters. Our goal is to help families move forward with solutions that protect parental rights while prioritizing the child’s best interests.

When Is Court Approval Required to Relocate?

Florida law requires court approval—or the other parent’s consent—before relocating with a child who is subject to a custody or parenting plan. Not every move qualifies as a legal “relocation.” Under Florida law, a relocation is a move that is:

  • At least 50 miles from the current residence, and
  • Intended to last 60 days or longer

If your planned move meets both criteria, permission is required. Relocating without proper approval can negatively impact custody rights and may result in court sanctions. We help parents determine whether court approval is necessary and how to proceed correctly.

How Relocation Affects Child Custody

A relocation almost always requires modification of an existing parenting plan. Changes are typically needed to address:

  • Revised time-sharing schedules
  • Transportation arrangements and travel costs
  • Holiday and school-break parenting time

Whether your move is within Florida or out of state, we guide you through the custody-related implications and help structure proposals that are practical and child-focused.

Obtaining Relocation Approval by Agreement

One way to secure permission to relocate is through mutual agreement. This involves both parents agreeing to the move and to any necessary changes to custody and transportation arrangements. The agreement must:

  • Be in writing
  • Be signed by both parents
  • Be submitted to the court for approval

Courts commonly approve relocation agreements that clearly address the child’s needs. We assist clients with negotiating fair terms, drafting relocation agreements, and submitting them properly to the court.

Seeking Court Approval When Parents Disagree

If the other parent does not consent to the relocation, you may file a formal petition requesting court approval. The petition must include details such as:

  • The proposed new location
  • The reason for the move
  • A proposed revised parenting plan

We help clients prepare thorough and well-supported petitions designed to address the legal standards the court will apply.

What Happens After a Petition for Relocation Is Filed?

After filing, the other parent is served with the petition and has 20 days to object and request a hearing.

  • If no objection is filed, the court will typically approve the relocation
  • If an objection is filed, the court will schedule a hearing where both parents present evidence and arguments

We prepare clients for relocation hearings and provide focused advocacy throughout the process.

Factors Judges Consider in Relocation Cases

Florida courts decide relocation cases based on the best interests of the child. Judges may evaluate factors such as:

  • The child’s relationship with each parent
  • The child’s age and preferences (when appropriate)
  • The reasons for seeking relocation and for opposing it
  • The impact of the move on the child’s development and stability
  • Each parent’s ability to support the child’s relationship with the other parent

We are well-versed in these statutory factors and present clear, persuasive arguments tailored to your situation.

The Court’s Decision

After considering the evidence, the judge may:

  • Approve the relocation and modify the parenting plan accordingly, or
  • Deny the request and prohibit the move

Because the outcome can significantly affect both custody rights and future opportunities, experienced legal representation is essential.

Speak With a Miami Relocation Attorney

If you are considering a move or facing a relocation dispute, Allison Rub, P.A. is ready to help you navigate the process with clarity and confidence. We provide attentive, strategic guidance focused on protecting both your parental rights and your child’s well-being.