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Yablen Valiente | Family Law And Mediation Practice
Yablen Valiente | Family Law And Mediation Practice
305-476-5444
Skilled Representation
For Every Family Transition

Helping Miami-Area Parents Pursue Effective Solutions In Relocation Cases

Last updated on August 26, 2025

Moving with children can be challenging. This is especially the case when co-parenting, as relocation can raise key legal issues that need prompt and careful attention. At our Coral Gables law firm of Yablen Valiente, we understand the complexities of Florida’s parental relocation laws and moving with child custody. Our Miami relocation attorneys will use decades of combined experience to seek solutions that work for you and your family. We aim to put you and your children on the path to a bright and happy future. 

When Does A Co-Parent Need Permission To Move?

In Florida, court approval is necessary when a parent of a child covered by a custody order plans to relocate. However, not all moves qualify as a “relocation” under state law. To be considered a relocation, the move must be both:

  • At least 50 miles away from the parent’s current location
  • Intended to last for 60 days or more

It’s crucial to seek permission if required. Relocating without approval can have significant consequences, including negative impacts on your child custody rights. Our knowledgeable lawyers are here to answer any questions you may have about whether you would need court approval for your planned move.

Addressing The Child Custody Implications Of Relocation

Relocation typically requires a modification of the preexisting child custody order. This is because the order will need to be adjusted to address the parenting time schedule and transportation issues that the move raises. Our seasoned family law team can guide you through the child custody aspects of a planned move, including out-of-state child custody matters.

Getting Court Permission By Agreement

One way to obtain approval for a relocation is through agreement. This involves both you and the other parent reaching a consensus on the relocation and any custody order adjustments concerning the parenting schedule and transportation needs. This agreement needs to be put in writing. It must be signed by you and the other parent. You then need to present it to the court for approval. In most cases, courts approve such agreements and their terms. Our firm can assist you in negotiating and drafting such an agreement and filing it with the court.

Petitioning For Relocation Approval

If your spouse does not consent to your move, you can file a petition to seek court permission. This petition should include details of the planned move and proposed changes to the parenting schedule. Our attorneys can help you prepare a strong petition to present to the court.

What Happens After You File A Petition?

Once you file a relocation petition, the other parent will be served with it. They then have 20 days to object to the petition and request a hearing.

  • If they do not object, a judge will generally grant the relocation petition.
  • If they do object, a hearing will be held where both sides can present their cases.

Our team can help you prepare for a relocation hearing and advocate for your interests during it.

What Judges Consider

Under Florida law, judges are to do what is in the best interests of the child when deciding on relocation petitions. There are various factors judges look at when considering whether a relocation would meet this standard, including:

  • The circumstances of the parents and child
  • The relationship between the child and the parents
  • The child’s preferences (keeping in mind the child’s age)
  • The reasons given for seeking and opposing relocation

Our team is very knowledgeable about these factors and ready to craft persuasive arguments for you in relocation hearings.

The Judge’s Decision

After the hearing, the judge will decide on the case. They may grant permission for the move and modify the child custody order/agreements as needed. Alternatively, they may deny the petition, barring the move.

Experienced legal representation can make a significant difference in how these cases go. Our relocation attorneys are committed to providing attentive and hands-on support to help you pursue the outcome you need.

Reach Out Now For Dependable Help With Your Relocation Case

Our responsive and communication-focused team is here to stand up for your goals. Learn more about how our experienced relocation attorneys can guide you forward. Reach out to us today by sending an email or calling us at 305-476-5444.