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Moving is always difficult, but child relocation cases can be extremely delicate, even before considering parents’ plans. Families may relocate for good reasons, including new employment, military PCS, job transfer, education opportunities, family support, or a new relationship, but moves are difficult nonetheless.

When two parents are no longer together, and one parent desires to change the location of their principal residence more than 50 miles, the Florida relocation statute (Florida Statutes §61.13001) requires each parent to agree to the move, or for the parent proposing the move receive approval from the Court.


In reaching its decision regarding a proposed temporary or permanent relocation, the Court considers the best interests of the child and the factors listed in Florida Statutes §61.13001(7), and you should too.


Some of those factors listed within Florida Statutes §61.13001(7) are:

  • The relationship with the parents proposing the move.

  • The age and developmental stage of the child.

  • How feasible it will be for the non-relocating parent to maintain a relationship with the child.

  • The child’s preference.

  • The reasons each parent is seeking or opposing relocation.

  • Whether relocation will enhance the general quality of life for the parent seeking relocation and the child.

  • The current employment and economic circumstances of each parent.

  • To what extent one parent has fulfilled his or her financial obligations to the other parent, such as child support, spousal support, and marital property and marital debt obligations.

  • A history of substance abuse or domestic violence as defined in s.741.28 or which meets the criteria of s.39.806(1)(d) by either parent.

The Court can also take into consideration ANY OTHER FACTOR affecting the best interest of the child or as set forth in s.61.13 (the Florida child custody statute).


Because of the complexity of Relocation, you need an experienced attorney to fight for your right to take your children with you. Wyndi Wheaton and her staff at Wheaton Law Firm will help you properly prepare and will present your case to the Court. Whether you are preparing to relocate, or are opposing your co-parent’s relocation, Wyndi will effectively advocated for you and your children.


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.

This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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