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Florida Custody

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Custody

Definitions

What is a parenting plan?

A “parenting plan” is a document created to establish the roles of each parent when it comes to making decisions about your child’s education, health care, and physical, social, and emotional well-being. The parenting plan must:

  1. describe in detail how the parents will share responsibility for the daily tasks associated with raising the child;
  2. include the time-sharing schedule with specific information about the time that the child will spend with each parent;
  3. describe the methods and technologies that the parents will use to communicate with the child, such as email, phone, etc.;
  4. lay out who will be responsible for:
    • any and all forms of health care; Note: If the judge orders shared parental responsibility over health care decisions, the parenting plan must provide that either parent may consent to mental health treatment for the child;
    • school-related matters, including which address should be used for determining the child’s school registration; and
    • other activities.1

In creating the plan, the parents’ relationship, any history of domestic violence, and other relevant factors must be taken into consideration. A parenting plan can be developed and agreed to by the parents and approved by the judge. However, the judge might decide to make his/her own parenting plan if s/he does not approve of the plan agreed to by the parents or if the parents cannot agree on a parenting plan. In these cases, the judge will create the parenting plan after hearing evidence and testimony from both parents.2

1 F.S.A. § 61.13(2)(b)
2 F.S.A. § 61.046(14)

What does parental responsibility mean? Is it the same thing as custody?

In Florida, the courts have moved away from using the term “custody.” Unlike in the past, neither party will be “awarded custody.” Instead, the courts will assign “parental responsibility” for the children, either shared or sole, and will provide for a timesharing arrangement. The responsibility for raising a child ends upon the child’s 18th birthday or upon graduating from high school - by age 19.

What is sole parental responsibility (sole custody)?

Sole parental responsibility is when one parent makes decisions regarding the child without input from the other parent.1  This includes minor decisions that need to be made on a day-to-day basis, such as the child’s bedtime, as well as all major decisions, such as the school the child attends.

Sole parental responsibility will be given to one parent if the judge decides that shared parental responsibility would be harmful (“detrimental”) to the child. In making a decision regarding what is harmful to the child, the court will consider evidence of domestic violence or child abuse, neglect or abandonment. In those cases, the judge will make arrangements for time-sharing that will best protect the child or abused spouse from further harm, which may mean that no time-sharing is ordered.2 For additional information on visitation rights for a parent who has committed violence, see Can a parent who committed violence get custody (parental responsibility) or visitation (time-sharing)?

1 F.S.A. § 61.046(18)
2 F.S.A. § 61.13(2)(c)(2), (2)(c)(3), (2)(c)(5)

What is shared parental responsibility (joint custody)?

Shared parental responsibility is when both parents have full parental rights and responsibilities with respect to their child. The parents must talk to each other and jointly make decisions about the child’s welfare, including primary residence, education, religion, medical and dental care.1 Therefore, in cases where there is domestic violence – and the abuser has the power and control – this type of shared parental responsibility likely will not be a good option.

The judge will order shared parental responsibility unless s/he finds that shared parental responsibility would be harmful (“detrimental”) to the child. Any evidence of domestic violence or child abuse will be considered by the judge to be evidence of harm to the child, even if there is no criminal conviction and/or no injunction for protection against domestic violence. The court may consider the desires of the parents and may give one parent the ultimate responsibility for particular aspects of the child’s welfare or may divide the responsibilities between the parents.2

1 F.S.A. § 61.046(17)
2 F.S.A. § 61.13(2)(c)(2), (2)(c)(3), (2)(c)(4)

What is a time-sharing schedule?

A “time-sharing schedule” is a timetable that must be included in the parenting plan that gives specific times, including overnights and holidays, that the child will spend with each parent. It can be developed and agreed to by the parents and approved by the court. If the parents cannot agree, the schedule will be created by the court after both parents present testimony and evidence.1

1 F.S.A § 61.046(23)

Should I start a court case to ask for supervised visitation?

If you are not comfortable with the abuser being alone with your child, you might be thinking about asking the judge to order that visits with your child be supervised. If you are already in court because the abuser filed for visitation or custody, you may not have much to lose by asking that the visits be supervised if you can present a valid reason for your request (although this may depend on your situation).

However, if there is no current court case, please get legal advice BEFORE you start a court case to ask for supervised visits. We strongly recommend that you talk to an attorney who specializes in custody matters to find out what you would have to prove to get the visits supervised and how long supervised visits would last, based on the facts of your case.

In the majority of cases, supervised visits are only a temporary measure. Although the exact visitation order will vary by state, county, or judge, the judge might order a professional to observe the other parent on a certain amount of visits or the visits might be supervised by a relative for a certain amount of time – and if there are no obvious problems, the visits may likely become unsupervised. Oftentimes, at the end of a case, the other parent ends up with more frequent and/ or longer visits than s/he had before you went into court or even some form of custody.

In some cases, to protect your child from immediate danger by the abuser, starting a case to ask for custody and supervised visits is appropriate. To find out what may be best in your situation, please go to FL Finding a Lawyer to seek out legal advice.

Who can get custody (sole/shared parental responsibility) and visitation (time-sharing)

Who can get custody (sole/shared parental responsibility) of a child?

Generally, both parents can get sole/shared parental responsibility and time-sharing in Florida. It is the public policy in Florida to assure that children have frequent and continuing contact with both parents and that both parents should be encouraged to share the rights and responsibilities and joys of child rearing. There is what’s known as a “rebuttable presumption” that equal time-sharing is in the best interests of the minor child. This means that the judge will assume this is best for the child but a parent can show evidence to the judge to convince him/her that equal timesharing is not in the child’s best interests. Unless the judge determines that it would be harmful to the child, the judge will order shared parental responsibility and will order both parents to spend as much time as possible with the child(ren).1 

Note:  A member of the child’s extended family may be granted temporary or concurrent custody of a child but only under limited circumstances. For more information, see I am a member of the child’s extended family (grandparent, sibling, etc.). Can I get temporary custody of the child?

1 F.S.A. § 61.13(2)(c)(1), (2)(c)(2)

Can a parent who committed violence get custody (parental responsibility) or visitation (time-sharing)?

The judge must order that the parental responsibility for a minor child be shared by both parents unless the judge believes that shared parental responsibility would be harmful (“detrimental”) to the child. In determining what is detrimental to the child, the judge must consider the following factors

In any of the following circumstances, there is what’s known as a “rebuttable presumption” that it would be detrimental for the child to give the abusive parent shared parental responsibility and time-sharing; this means that the judge must assume that it would not be in the child’s best interest, however, the parent can present evidence to try to change the judge’s mind:

  • the parent has been convicted of certain domestic violence crimes that are first degree misdemeanors or felonies;
  • the parent is in prison due to circumstances that would be grounds for terminating that person’s parental rights as are explained in subsection (d) of FL Statute § 39.806;
  • the parent has been convicted of, or had adjudication withheld for, various crimes related to sexual misconduct or kidnapping of a victim who was under 18 or who appeared to be under 18. You can view the list of crimes in subsection (1)(h)(1)(a) of FL Statute § 943.0435.2

If the judge decides to order visitation (time-sharing) by the parent who committed violence, you can ask that the visitation be supervised or very limited. The judge may do so if s/he believes it is necessary to protect your safety and the child’s safety. However, if the judge does not believe that you or your child remains at risk from the abuser, the judge may order unsupervised time-sharing.

If you feel there is a continuing risk of violence to you or your child, or if new incidents happen during the visitation, you may be able to apply for an injunction for protection against domestic violence to help keep you safe.

1 F.S.A. § 61.13(2)(c)(2)
2 F.S.A. § 61.13(2)(c)(3), (2)(c)(6)

Can grandparents get visitation rights in court?

A grandparent can file a petition in court for visitation of a minor grandchild in the county where the child lives if certain conditions are met.1 

Step 1. In order to file, one of the following must be true:

  • both parents are dead, missing, or in a persistent vegetative state; or
  • one parent is dead, missing, or in a persistent vegetative state and the other parent has been convicted of a felony or a crime of violence in which s/he showed behavior that poses a substantial threat of harm to the child’s health or welfare.2  

Step 2. Then, the court would hold a hearing to determine whether the grandparent has set out facts that show parental unfitness or significant harm to the child. If the judge believes that there is no indication of either one, the judge will dismiss the petition and the grandparent can be ordered to pay the other party’s reasonable attorney fees and costs. If the grandparent has shown enough evidence to the judge that a parent is unfit or that there is significant harm to the child, the judge can appoint a guardian ad litem for the child and will refer the case for mediation or hold a final hearing. 

However, there is an exception to the requirement to show parental unfitness or significant harm if one parent has been held criminally liable for the death of the other parent or civilly liable for an intentional tort causing the death of the other parent. Then, the judge will grant reasonable visitation with the petitioning grandparent or step-grandparent if s/he is the parent of the deceased person, unless the judge determines that visitation is not in the best interests of the child.3 

Step 3. If the parties cannot come to an agreement through mediation and the judge holds a final hearing to decide the issue, the judge can grant reasonable visitation to the grandparent if all of the following are true:

  • there is clear and convincing evidence that a parent is unfit or that there is significant harm to the child; 
  • visitation will not significantly harm the parent-child relationship; and
  • the visitation is in the best interest of the child.4  

To read about the factors that the judge will consider when deciding if the visitation is in the child’s best interests, go to our Selected Florida Statutes page to read subsection (4) of the law. 

To read about the factors that the judge will consider when deciding if the visitation would significantly harm the parent-child relationship, go to our Selected Florida Statutes page to read subsection (5) of the law. 

1 F.S.A. § 752.011(12)
2 F.S.A. § 752.011
3 F.S.A. § 752.011(1), (2), (3)
4 F.S.A. § 752.011(4)

I am a member of the child’s extended family. Can I get temporary or concurrent custody of the child?

If you are an extended family member of the child, there are two types of custody petitions that you may file. The law defines extended family member as any of the following:

  1. a relative of the child within the third degree by blood or marriage to the parent;
  2. a step-parent of the child but only if the step-parent is currently married to the parent of the child and is not a party in an ongoing divorce, separate maintenance, domestic violence, or other civil or criminal proceeding involving one or both of the child’s parents as the opposing party; or
  3. someone who is not related to the child by birth, marriage, or adoption but who has an emotionally significant relationship to the child that is similar to a family relationship (“fictive kin.”)1

Temporary custody is when you have legal custody over the child for a specific, period of time and during that time, you (not the parents) have decision-making power for the child (i.e., you have the right to consent to all necessary medical and dental care, to get copies of the child’s records, to enroll the child in school, etc). You may file a petition for temporary legal custody of the child if:

  • you have the signed, notarized consent of the child’s legal parents; or
  • the child is living with you and you are caring full time for the child in the role of a substitute parent.2

Temporary custody can granted over a parent’s objection. If one or both of the parents object to you having temporary custody, you have to prove that the child’s parents are unfit to provide the proper care and control of the child because the parent has abused, abandoned, or neglected the child. If you do get temporary custody, the court can order visitation rights to the parent(s) and a reasonable transition plan that provides for the return of custody back to the parent(s) if it is in the child’s best interests to do so.3

Concurrent custody is when you and the parent(s) both have custody rights to the child for a specific, temporary period of time.4 Concurrent custody does not eliminate or lessen the custodial rights of the child’s parent(s) and they can get physical custody of the child back at any time. Concurrent custody can only be granted when both parents agree to it - if one parent objects, you cannot get concurrent custody.5

You may file a petition for concurrent custody of the child if:

  • you have the signed, notarized consent of the child’s legal parents; or
  • the child is living with you and you are caring full time for the child in the role of a substitute parent and both of the following are true:
    • you currently have physical custody of the child or you have had physical custody for at least 10 days in any 30-day period within the last 12 months; and
    • you do not have signed, written documentation from a parent that would allow you to do all of the things necessary to care for the child instead of the parent (since that would be what you would get with temporary legal custody, not concurrent custody).6

Note: Either a temporary or concurrent custody can entitle you to collect child support.7

1 F.S.A. §§ 751.011(2); 39.01(29)
2 F.S.A. § 751.02(1)
3 F.S.A. § 751.05(3)(b) & (4)(b)
4 F.S.A. § 751.011(1)
5 F.S.A § 751.05(3)(a)
6 F.S.A § 751.02(2)
7 F.S.A. § 751.05(5)(b)

If a child is living with the putative father, can he get temporary custody (parental responsibility) of the child?

A “putative father,” which is a man who believes he is the father but cannot prove it because the mother is absent, who is caring for a child whom he believes is his, may file a petition to determine paternity. He can also ask the judge to issue an order that establishes a temporary legal custody relationship between him and the child during the proceeding. The court will likely order a DNA test1 and then enter an order creating a legal relationship between the father and the child, award child support, if applicable, and time-sharing for the mother, if applicable.

1 F.S.A. § 742.12

Filing for custody (parental responsibility)

How do I file for custody (parental responsibility)?

How you file for custody (parental responsibility) will depend upon the circumstances of your case.

If you are married but are involved in a divorce proceeding in Florida, parental responsibility will be determined in the divorce proceeding. If you are married and have not begun a divorce, you would file in the circuit court where the child lives.

If you are not married, you may file a petition to determine paternity. The court will order DNA testing, enter a parenting plan dealing with parental responsibility and creating a time-sharing arrangement and award child support. This can be done in the circuit court in the county where the child lives. However, there can be pros and cons to establishing legal paternity - you may want to talk to a lawyer about the pros and cons of filing to establish paternity or filing for custody before you file.

The Florida Courts website has many of the relevant forms that need to be filed on their website.

Also, if you are filing a petition for an injunction for protection against domestic violence, you can ask for temporary custody of your child in your petition. However, any custody order that you get would expire when the injunction expires.

Note: If you want to modify (change) a parenting plan, you may file in the circuit court in the county where either parent and the child reside or in the circuit court in which the original order was entered.1

1 F.S.A. § 61.13(2)(d)

Where can I file for child custody? (Which state has jurisdiction?)

Generally, you must file in the “home state” of the child.  The “home state” is the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months immediately before the child custody proceeding is started.  If your child is less than six months old, the home state is the state where the child has lived from birth.  This means that if you and your child recently moved to Florida, you generally cannot file for custody in Florida until you and your child have lived here for at least six months.  Until then, Florida courts do not have jurisdiction (power) to make a child custody determination.  For the first 6 months that you are living with the child in Florida, either you or the other parent could start a custody action in the state that your child most recently lived in for at least six months.1  However, if a case is started in the former state where you lived, then you would likely need permission from the judge in that state to move to Florida with the child, which can be difficult to get.

However, there are exceptions to this “home state rule” described above.  In some cases, you can file for custody in Florida when the child and at least one parent have “significant connections” to Florida (aside from physically being in the state) and substantial evidence is available in Florida concerning the child’s care, protection, training, and personal relationships.  Usually, however, you can only do this if no other state qualifies as a home state or if the home state has agreed to let Florida have jurisdiction.2  This can be complicated. If you think this applies to your situation, please talk to a lawyer.  Go to our FL Finding a Lawyer page.

1 F.S.A. § 61.514(1)(a)
2 F.S.A. § 61.514(1)(b)

Do I need a lawyer to get custody (parental responsibility)?

You do not need a lawyer to file for custody (sole or shared parental responsibility).  However, with the help of a lawyer, it may be easier for you to gather and present the information you will need to convince the judge of your position on what the parenting plan and time sharing schedule should be. Also, if the other parent has a lawyer, it will be more difficult for you to present your case.  For free legal assistance and legal referrals go to our FL Finding a Lawyer page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

Can I get custody (parental responsibility) of my child if I file for an injunction for protection against domestic violence?

You may ask for temporary custody (parental responsibility) of your child when you file a petition for an injunction for protection against domestic violence in Florida.1  The clerk of court will provide you with a petition form that includes a section to complete if you want the judge to make a temporary parenting plan where you can request that the abuser’s time-sharing be limited, prohibited, or supervised.2  However, parenting plan and time-sharing provisions granted with an injunction expire with that order.1  For more information on how to get an injunction for protection against domestic violence in Florida, please see our Injunctions for Protection Against Domestic Violence page.

1 F.S.A. § 741.30(5)(a)(3) & (6)(a)(3)
2 F.S.A. § 741.30 (3)(k)

I fled to Florida with my children to escape domestic violence. Can I get temporary emergency custody of my child in Florida even if another state is the child's "home state"?

Under Florida law, if you have fled to Florida with your child, you can apply for temporary emergency custody if:

  • the child has been abandoned; 
  • it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse; or
  • it is necessary in an emergency to protect the child because the child has been subjected to or is threatened with being subjected to sex-reassignment prescriptions or procedures.1 

If there is already a child custody order from another state or there is an ongoing custody case in another state, any temporary custody order issued by the Florida court would be valid for the period of time that the judge believes that it would take you to return to the original court to try to modify (change) the original order.2 

Getting temporary emergency custody can be difficult to do.  We strongly recommend that you get help from a lawyer if you are considering filing for temporary emergency custody. Go to FL Finding a Lawyer. For information on what state is the “home state,” please see Where can I file for child custody? (Which state has jurisdiction?)

1 F.S.A. § 61.517(1)
2 F.S.A. § 61.517(3)

How the custody (parental responsibility) process works

How will a judge make a decision about custody (parental responsibility)?

In making a decision about parental responsibility, the judge will have the child’s best interests as the main consideration. These are some factors that the judge will consider in order to determine what is in the child’s best interests:

  • Whether the parents have shown that they can or will provide the child with a consistent routine involving discipline, bedtime, meals, etc.;
  • The mental and physical health of the parents;
  • The home, school and community record of the child;
  • The willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent, to honor the time-sharing schedule, to be reasonable when changes are required, and to communicate with and back up the decisions of the other parent;
  • How parental responsibilities will be divided up after the case is over, including how much of the responsibility will be handled by someone other than the parent(s)(i.e., a nanny);
  • The ability and willingness of each parent to consider and act upon the child’s needs (as opposed to the parent’s own needs) and to be involved with child’s friends, teachers, extracurricular activities, doctors, etc.;
  • The moral fitness of the parents;
  • Whether the parents have and will keep the children out of the court case and not bad-mouth the other parent;
  • How long the child has lived in a stable, satisfactory environment and the benefit to the child of not changing that situation;
  • How much traveling the child would have to do if spending a lot of time with parents who live far from each other;
  • Evidence of domestic violence, sexual violence, child abuse, neglect or abandonment or evidence of providing false information to the court about these issues;
  • Who was the primary care-taker of the child;
  • The ability of both parents to meet child’s development needs;
  • The reasonable preference of the child, if the judge believes that the child is mature / intelligent enough to form a preference;
  • Whether the parents have or will provide a home that is free of drug use; and
  • Any other factor that is relevant.1

You need to be prepared to give as much information as possible to help the court evaluate these and all the other factors regarding the welfare and interests of the child that the court may consider. This means gathering information the child’s father as well as about yourself.

For more information on how evidence of domestic violence can affect who gets parental responsibility and time-sharing, go to Can a parent who committed violence get custody (parental responsibility) or visitation (time-sharing)?

1 F.S.A. § 61.13(3)

Can I get financial support for my child in a custody order (parenting plan)?

A custody (parenting plan) order could contain provisions for child support. In making an award of child support, the court will consider the incomes of the parties and apply the Child Support Guidelines. The expenses of day care and health insurance will be included in the calculation. If a child has special needs, the court may consider increasing the payment based on the child’s needs. Child support can continue up to age 19 if the child is still in high school, and is performing in good faith with a reasonable expectation of graduation before s/he reaches the age of 19.1 If your child is considered a “dependent adult child,” which is defined as an unmarried adult who is incapable of self-support as a result of a physical or mental incapacity that began before the person reached the age of 18, the Guidelines do not apply. The judge will look at the factors explained in section 61.31 of the Florida Statutes.2

1 Fla. Stat. § 61.30
2 Fla. Stat. § 61.29(2); 61.1255(2)(a)

If I have sole or shared parental responsibility, can the other parent see my child's medical and school records?

The law says that both parents have the right to access records and information relating to his/her child, including, but not limited to medical, dental and school records. This includes the right to talk to the child’s doctor or teacher as well as looking at the written records. The only way to keep the other parent from being able to access those records is if the judge specifically denies the parent that right as part of court order, such as in an injunction for protection against domestic violence1 or as part of the parenting plan.

Most records will include your child’s home address and phone number. Therefore, if your child lives with you and you are trying to keep your address confidential from the abuser, or if there is any other reason that you feel that access to those records would put you or your child in danger, be sure to explain this to the judge and ask that the abuser’s rights to access the child’s records be taken away. If the judge agrees to include this in your order, you might want to give a copy of the order to your child’s teachers and doctors so they know not to give the abuser the records. If the judge does not agree to restrict the abuser’s access, you might want to ask the doctors and teachers if you can use a P.O. Box as the mailing address in the records.

1 F.S.A. § 61.13(2)(c)(7)

After an order in place

If the other parent fails to pay the child support that the court ordered, can I refuse to honor his/her visitation (time- sharing) rights?

You cannot refuse to honor the other parent’s visitation (time-sharing) rights because s/he failed to pay the child support that the court ordered. If you refuse to honor the time sharing in the order, the court can order extra time to the other parent to make up for the lost visitation time. In addition, the court could punish you in the following ways:

  • ordering you to pay the costs and attorney fees that the other parent spent to enforce the time sharing schedule;
  • order you to take a parenting course;
  • order you to perform community service;
  • change the parenting plan, which could mean giving sole responsibility to the other parent or changing the primary residence of the child if it is in the best interests of the child to do so; and/or
  • order any other reasonable punishment that the judge sees fit.1

1 Fla. Stat. § 61.13(4)(c)

What can I do if the other parent violates my rights to time-sharing or parental responsibility set forth in the parenting plan?

If the other parent violates your court-ordered rights in your parenting plan, you may file a petition to enforce your existing court order and ask the court to punish the parent for the violation. The court may hold the parent in contempt of court and punish the parent by ordering one of the remedies listed in If the other parent fails to pay the child support that the court ordered, can I refuse to honor his/her visitation (time- sharing) rights?1

1 Fla. Stat. § 61.13(4)(c), (4)(d)

Can anything be done to help prevent the other parent from removing our children from the state or country in violation of a custody order (parenting plan)?

In a custody (parenting plan) proceeding, including a modification proceeding, if the judge believes there is substantial evidence of a risk that one party may violate the parenting plan and time-sharing schedule by removing the child from the state or country, the judge can order that the parent in question:

  • not remove the child from the state or this country without the notarized written permission of both parents or a further court order;
  • not take the child to a country that does not follow certain policies on international child abduction unless the other parent agrees in writing that the child may be taken to that country;
  • surrender any U.S. or foreign passport of the child or if the child does not yet have a passport, that the petitioner place the child’s name in the federal Children’s Passport Issuance Alert Program; and
  • post bond (money) or other security in an amount that would discourage an abduction and pay for the non-abducting parent’s costs needed to locate the child if abducted.1

There are many factors that the judge will consider in determining whether any of the above-listed security measures are necessary and additional documents that the accused parent may have to provide to the court.2 You can find the actual language of the law on our FL Statutes page. Note: There is an exception for domestic violence victims. If you are a victim, and the other parent asks the judge to order these measures against you, you might be excused (exempt) from some of them if you can prove you are a victim of an act of domestic violence or you are about to become a victim.3 Please seek the advice of a lawyer regarding this matter. If you need assistance in finding a lawyer, go to our FL Finding a Lawyer page.

1 Fla. Stat. § 61.45(1)
2 Fla. Stat. § 61.45(2), (3), (4)
3 Fla. Stat. § 61.45(7)

If a custody order (parenting plan) is already in place, how can I get it changed?

Because custody is decided in the best interests of the child, an order is not usually permanent. If you have a custody order (parenting plan) already in place, you may petition the court to make changes to it (modify it).  However, to change a custody order, you generally need to prove that there has been a “substantial change in circumstances” since the original custody determination and that it is the child’s best interests to change the parenting plan. Furthermore, the substantial change must a material (important) change.1

If a court in Florida issued the child custody order (parenting plan) that you want to change, you can file the modification petition in the circuit court in the county in which either parent and the child reside or the circuit court in which the original order was issued.2  A request for a change in a custody order (parenting plan) can be very complicated.  We recommend that you seek the advice of a lawyer.  If you need help in finding a lawyer, you can find one on our FL Finding a Lawyer  page.

To find the location of the circuit courts in FL, go to our FL Courthouse Locations page.

1 F.S.A. § 61.13(2)(c)
2 F.S.A. § 61.13(2)(d)

I want to relocate with my child. What steps do I have to take?

Under Florida law, a parent who wants to relocate with his/her child has to follow specific steps.  “Relocation” means a change in location of your primary residence that is at least 50 miles away, and for at least 60 consecutive days – this could be within the state of Florida or in another state.  (Note: this does not include a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.)1

To petition the court for permission to relocate, the steps to follow are below.  (However, if the other parent will agree to the relocation in writing, you may not need to go through these steps.  See, instead, I want to relocate with my child and the other parent agrees.  What do I do?)
 
First, the law requires that you go to court and file a “Petition to Relocate with a Child” and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child.  You should also keep an original copy for yourself.  This “Petition to Relocate with a Child” must include:

  1. A description of the location of the intended new residence, including the state, city, and specific physical address, if known.
  2. The mailing address of the intended new residence, if not the same as the physical address, if known.
  3. The home telephone number of the intended new residence, if known.
  4. The date of the intended move or proposed relocation.
  5. A detailed statement of the specific reasons for the proposed relocation of the child. If one of the reasons is based upon a job offer which has been out into writing, that written job offer must be attached to the petition.
  6. A proposal for the revised post-relocation schedule for access and time-sharing together with a proposal for the post-relocation transportation arrangements necessary for the time-sharing with the child to take place.
  7. The following statement, in all capital letters and in the same size type, or larger, as the type-face in the rest of your petition: “A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.”1

If the other parent or anyone else entitled to access or time-sharing files a response objecting to the petition to relocate, the judge will hold a hearing or trial where you will have to convince the judge that it is in the child’s best interests to relocate and you will have to get permission from the court before you can relocate.  If the other parent does NOT file a response objecting to the petition to relocate, you will still have to get an order from the judge but the judge will generally enter an order that reflects the changes you proposed in the petition.  This will be done without a court hearing.2

Note: For information on how to properly prepare and serve this Petition to Relocate, or how to properly serve an objection to the other parent’s petition to relocate, please contact the courthouse in your county and/or talk to a lawyer who specializes in custody matters in Florida.  If you need assistance in finding a lawyer, you can find free and paid lawyers on our FL Finding a Lawyer page.  Also, if you are a victim of domestic violence, the organizations listed on our FL Advocates and Shelters page may be able to refer you to a lawyer or another organization that will be able to assist you.

1 Fla. Stat. § 61.13001(1)(e)
2 Fla. Stat. § 61.13001(3)(a)
3 Fla. Stat. § 61.13001(3)(e)

I want to relocate with my child and the other parent agrees. What do I do?

If the other parent agrees to the relocation, you can draw up a written, signed agreement with the other parent (and with anyone who has access to or a time-sharing schedule for the child) that:

  • allows the child to move with you;
  • lays out the access or time-sharing schedule for the non-relocating parent and anyone else entitled to access or time-sharing; and
  • describes, if necessary, any transportation arrangements related to the access or time-sharing.

Then, you can file this in court and ask that it be “ratified” (approved) by the judge without having a hearing on the issue. Although, after you file it, the other parent has 10 days to request a hearing in writing. If no request is made within 10 days, the order will be assumed to be in the child’s best interests and the judge will ratify it so that it becomes an enforceable court order.1

1 Fla. Stat. § 61.13001(2)

If I move to a new state, can I transfer my child custody case there?

After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.