Child Relocation Attorney In Destin, Florida

Last updated on August 4, 2026

Relocating with a child after divorce or separation can be legally complex. In Florida, moves of 50 miles or more require parental agreement or court approval. If you’re seeking to relocate or opposing a proposed move, the outcome can significantly impact your parenting time and relationship with your child.

At Wood Law Firm, we represent parents in these high-stakes cases. Our relocation lawyer, Drew Wood, has more than 20 years of experience and a thorough understanding of Florida family law. He is a former U.S. Navy service member with a personal understanding of the unique challenges military families face, including PCS orders and jurisdictional issues.

Florida’s Child Relocation Law

Under Florida law, a parent must obtain court approval or written consent from the other parent to relocate more than 50 miles for 60 days or longer. This applies even if the move is for a job, family support, military reassignment or other reasons. The court evaluates whether the move is in the best interest of the child, considering factors like:

• The impact on the child’s relationship with both parents
• The reasons for the move
• The feasibility of maintaining visitation
• The child’s age, needs and preferences

Our lawyer understands how to build strong cases for or against custody modifications that address these factors.

Uncontested Vs. Contested Relocation

A relocation case may proceed by agreement or through a contested court process. The path your case takes will decide what documents must be filed and whether the court must hold a hearing.

An uncontested relocation begins when both parents agree to the move in writing. Their agreement should cover the revised time-sharing schedule, transportation plans and related travel costs. The parents may then submit the agreement with a proposed consent order for court review. If the terms serve the child’s best interest, the court may approve the agreement without a contested hearing.

A contested relocation occurs when the nonrelocating parent challenges the proposed move. Once that parent receives formal service of the Petition to Relocate, they generally have 20 days to file and serve a written objection. If they miss that deadline, the court may review the request without an evidentiary hearing, as long as the petition and service meet Florida law. The move is not guaranteed because filing or notice errors can still prevent approval.

How To File A Petition To Relocate In Florida

When the parents cannot agree, the parent requesting the move must file a Petition to Relocate under Florida Statute § 61.13001. The petition must be signed under oath and formally served on the other parent and anyone else with court-ordered time-sharing rights.

A proper petition identifies the new address, if known, and the planned move date. It must explain the reason for relocating and include a proposed time-sharing schedule. The proposal should also cover transportation so the court can see how the child will keep meaningful contact with the nonrelocating parent. If a job offer supports the move, the written offer may need to be attached.

An incomplete petition, faulty notice or improper service can delay the case and put the request at risk. Relocation cases receive priority on the court’s calendar. A parent may also request temporary relocation while the case is pending. Unless good cause requires more time, the temporary hearing must occur within 30 days after that motion is filed.

At a contested hearing, the relocating parent first has the burden of proof. That parent must show that the move serves the child’s best interest. Each part of the petition should connect the proposed move to the child’s care, stability and continued relationship with both parents.

Consequences Of Relocating Without Court Approval

Moving a child without the required written consent or court order can violate Florida Statute § 61.13001 and the current parenting plan. Even when you have a pressing reason to move, leaving before you complete the legal process can weaken your position.

The court may order the child’s temporary or permanent return. It may also hold the relocating parent in contempt and require that parent to pay reasonable attorney’s fees, travel expenses and other costs paid by the objecting parent.

An unauthorized move can also affect later decisions about relocation, time-sharing and changes to the parenting plan. The judge may consider whether the move harmed the child’s relationship with the other parent or showed an unwillingness to follow court orders. Because relocation can trigger a custody modification, legal guidance before the move can help you avoid added problems and protect your case.

Military Relocation Challenges

Military families often face relocation due to service obligations. At Wood Law Firm, we understand how PCS orders and deployments affect custody and parenting plans. Our lawyer helps military parents navigate these transitions while protecting their parental rights and maintaining strong parent-child bonds.

PCS orders are often involuntary and may give a service member little time to prepare before a report date. Because military PCS orders can affect child custody, the court may consider the assignment a valid, good-faith reason for relocation. However, the orders do not replace Florida’s legal process. You must still obtain written consent or court approval before relocating with your child when the law applies.

Planning for military mobility before orders arrive can reduce uncertainty. An original parenting plan and time-sharing schedule may include a military mobility clause. This clause can set notice rules, explain how the parents will communicate and outline the steps they will take after future PCS orders. It cannot guarantee approval or override Florida law. However, it can give both parents a practical starting point when military changes arise.

If the court approves the relocation, the parents must then adjust the time-sharing schedule to account for the distance. The nonrelocating parent may receive longer blocks of time instead of frequent local visits. The revised schedule may include extended summer visits, parenting time during military leave, rotating holidays and regular video calls. It should also address travel plans, exchange locations and changes caused by duty needs.

Drew Wood’s U.S. Navy background gives him firsthand insight into the pressure military families face during PCS moves. He understands how report dates, command demands and changing assignments can affect both legal decisions and daily family life. That experience helps Wood Law Firm address relocation within the broader context of military family law.

Building A Long-Distance Parenting Plan

After relocation is approved, the current time-sharing schedule may no longer work because of the distance between the parents’ homes. A long-distance parenting plan should replace frequent local exchanges with a schedule that remains practical for the child.

The plan may include extended summer visits, alternating holiday travel and parenting time during school breaks. Regular video calls can help the child stay connected between in-person visits, especially when travel takes added time or money.

The plan should also state who will arrange transportation, where exchanges will occur and how the parents will divide travel costs. Florida courts may assign those costs based on the facts of the case and may consider them when reviewing child support.

Clear terms help both parents understand their duties before travel begins. A well-drafted plan can reduce schedule disputes, protect the child’s routine and lower the chance of future court hearings.

Frequently Asked Questions About Child Relocation

Relocation can affect your parenting plan, time-sharing rights and relationship with your child. We have answered the following common questions to help you understand what to expect when you fact this situation.

Get Legal Help With Your Relocation Case

Whether you’re requesting or contesting a relocation, we’re here to help you build a strong case. Call 850-502-8978 or reach out online to schedule your free consultation today.