Why Judges Deny Child Relocation Requests in Florida

Why Judges Deny Child Relocation Requests in Florida

Quick Answer: Florida judges deny relocation requests when the move doesn't serve the child's best interests, the relocating parent has bad motives, or the proposed long-distance parenting plan is inadequate. Understanding these reasons can help you avoid common mistakes.

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Florida's Relocation Statute (F.S. 61.13001)

Florida has strict requirements for relocating with a child more than 50 miles from your current residence for more than 60 consecutive days.

The Process

Key Point: You must get court permission BEFORE moving. Relocating without approval can result in contempt charges, reversal of the move, and even custody modification against you.

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Top Reasons Judges Deny Relocation

1. Insufficient Evidence of Best Interests

The #1 reason for denial: failure to prove the move benefits the child.

What Judges Want to See:

• Concrete benefits for the child (not just the parent)
• How the child's life will improve
• Educational opportunities
• Extended family support at the new location
• Better living environment

What's NOT Enough:

• "I want to be near my family"
• "I got a job offer" (without showing child benefits)
• "I just want a fresh start"
• Vague claims about "better opportunities"

2. Motive to Interfere With the Other Parent's Relationship

Under F.S. 61.13001(7)(e), courts consider "whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including, but not limited to, financial or emotional benefits."

Red Flags That Suggest Bad Motive:

• History of denying visitation
• Move immediately after custody dispute
• Moving far enough to make visitation impractical
• Lack of effort to facilitate long-distance relationship
• Disparaging the other parent to children
• Previous relocation attempts

Judges are skeptical when relocation appears designed to eliminate the other parent's involvement.

3. Strong Relationship With Non-Relocating Parent

Courts value existing parent-child relationships. Denial is more likely when:

• Other parent is actively involved in child's life
• Child has strong bond with other parent
• Other parent exercises their full time-sharing
• Child has significant time with other parent (not just weekends)
• Other parent is involved in school, activities, healthcare

The closer and more involved the non-relocating parent, the harder relocation becomes.

4. Inadequate Long-Distance Parenting Plan

You must propose how the other parent will maintain their relationship.

Weak Proposals (Often Denied):

• "They can visit whenever they want"
• No specific schedule
• Unrealistic expectations (monthly cross-country visits)
• Other parent bears all travel costs
• Significant reduction in total time

Strong Proposals Include:

• Specific extended time during summer, holidays, breaks
• Virtual communication schedule
• Shared travel costs
• Maintaining roughly equivalent total time
• Age-appropriate transitions

5. Child's Preferences and Ties to Current Community

For older children especially, courts consider:

• Child's stated preference (if mature enough)
• Ties to school, friends, activities
• Extended family relationships locally
• Special programs or opportunities
• How long child has lived in current location
• Emotional impact of moving

A teenager deeply rooted in their school and social life faces different considerations than a toddler.

6. Questionable Reasons for the Move

Courts scrutinize the stated reason for relocation:

Accepted Reasons:

• Concrete job opportunity with significantly better income
• Caring for ill family member
• Reuniting with spouse who must work elsewhere
• Educational opportunity for child

Scrutinized Reasons:

• New romantic relationship
• "Fresh start" without specifics
• Vague "better opportunities"
• Moving to where parent grew up (without child connection)

7. History of Co-Parenting Problems

Past behavior predicts future behavior. Denial is more likely when the relocating parent:

• Has history of parenting plan violations
• Has interfered with other parent's time
• Has failed to communicate about child
• Has been found in contempt previously
• Has engaged in parental alienation

8. Impact on Non-Relocating Parent

Courts must consider under F.S. 61.13001(7)(f):

"The feasibility of preserving the relationship between the nonrelocating parent and the child through substitute arrangements that take into account the logistics and financial circumstances of the parties."

If maintaining the relationship is impractical due to:

• Distance making regular visits impossible
• Financial burden of travel
• Work schedules not allowing extended visits
• Lack of family support at other parent's location

...the court may deny relocation.

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How to Strengthen Your Relocation Case

→ **Planning to relocate?** Our [Relocation Petition](/services/relocation-petition) service prepares a strong petition that addresses all statutory requirements.

Document Child-Focused Benefits

• Research schools and programs at new location
• Document family support available
• Show concrete improvement in child's life
• Get information about activities, healthcare, community

Create a Detailed Long-Distance Plan

• Specific time-sharing schedule
• Communication technology plan (video calls)
• Travel logistics and cost-sharing
• Transition provisions
• Flexibility mechanisms

Show Good Faith Co-Parenting

• History of facilitating relationship with other parent
• Willingness to accommodate other parent's needs
• No pattern of interference or alienation
• Cooperative communication

Have a Solid Reason

• Document job opportunity details (offer letter, salary comparison)
• Show why the move is necessary, not just desired
• Demonstrate research into the decision
• Be prepared to explain why you can't achieve the same goals locally

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What Happens If Relocation Is Denied

If the court denies your petition:

• You cannot relocate with the child
• Moving anyway is contempt of court
• You may face custody modification against you
• The other parent may be awarded attorney fees

Options After Denial:

• Appeal (if legal error occurred)
• Wait and reapply when circumstances change
• Negotiate modification of parenting plan
• Consider whether relocation is worth pursuing without the child

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What If You Must Move

Sometimes jobs or circumstances require relocation regardless. Options include:

These are difficult choices, but courts will not approve relocation simply because it's important to you—it must be in the child's best interests.

→ **Opposing a relocation?** A [$195 Deep Dive Consultation](/services/consultation) can help you build your defense and protect your parenting time.

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Get Strategic Advice

Relocation cases are complex and the stakes are high. Schedule a [$95 Strategy Session](/services/strategy-session) to evaluate your situation before filing.