Protecting Your Right To Move And Your Relationship With Your Child

Last updated on February 27, 2026

Studies have shown that children are happier and more productive when both parents have fair, frequent levels of involvement in their lives. There are times, however, when one parent must move away. Though it can be difficult to revise a parenting plan so that both parents maintain close relationships with their children after a move, our Ocala family law attorney has years of experience helping families in this tough situation.

If a remarriage, business transfer or employment opportunity has required you to relocate, we at the law firm of Ami L. DiLorenzo, P.A., can help. We represent parents throughout Florida in situations that call for a parental relocation. Usually, such a move requires a modification of an existing child custody order. We will do our best to reach an amicable agreement by drafting documentation outside of the courtroom, and advocate for you in the courtroom if that becomes necessary.

Florida Law On Parental Relocation

Under Florida law, you can move 49 or fewer miles without permission from the other parent or the court. If you move 50 miles or more, however, you must get the consent of the other parent. If the other parent does not consent, you must seek the court’s permission to move.

• In deciding whether or not to grant permission for the relocation, the court considers many factors, including:
• The reason each parent gives for seeking relocation or for opposing it.
• The nature of your child’s relationship with each parent.
• Your child’s age.
• Your child’s preference.
• How easily the relationship between the child and the non-relocating parent may be preserved.
• Whether relocation is sought in good faith.

Parents who relocate without giving notice to the other parent – or parents who relocate anyway after the other parent objects – may face serious consequences. They are subject to court-ordered sanctions. Under Florida law, the other parent may be awarded temporary or permanent child custody, as well as attorney’s fees, costs and travel expenses. For this reason, it is critical that you talk with an experienced Florida family law attorney before you take action.

Five Common Mistakes Parents Make When Relocating

Relocating with a child after separation or divorce involves strict legal requirements, especially when cases fall under the Marion County Courts within the Fifth Judicial Circuit Court of Florida. Relocation cases in the 5th Judicial Circuit require careful attention to detail, accurate filings and full compliance with Florida family law procedures.

Courts expect parents to follow each step properly because relocation can affect custody arrangements, visitation schedules and the child’s overall stability. Even minor mistakes can lead to delays, objections from the other parent or denial of the relocation request.

Parents can encounter problems during relocation proceedings because they overlook important legal and procedural requirements. The most common mistakes include:

• Failing to provide proper legal notice: Florida law requires a parent seeking relocation to notify the other parent formally within a specific timeframe and include required details about the move. Missing deadlines or submitting incomplete notices may result in immediate challenges.
• Not obtaining court approval before relocating: Some parents move first and attempt to resolve legal matters afterward. Courts generally require approval before the relocation occurs. Moving prematurely may negatively affect custody or time-sharing decisions.
• Submitting incomplete or inaccurate documentation: Relocation petitions must clearly state the new residence, reasons for the move and a proposed revised parenting plan. Errors or missing information can delay proceedings and weaken the request.
• Ignoring the impact on the existing parenting plan: Judges carefully examine how the move will affect the child’s relationship with both parents. Failing to address transportation arrangements, communication schedules or visitation adjustments may raise concerns.
• Underestimating the court’s level of scrutiny: Judges review relocation requests closely because they must determine whether the move serves the child’s best interests and maintains family stability.

Courts expect parents to demonstrate good faith, provide complete information and show how the relocation benefits the child while preserving parental relationships. Relocation laws involve strict procedures and significant consequences, so it is important to work with a family law attorney.

We can help ensure compliance with court rules, prepare accurate filings and present a clear case supporting the proposed move. Seeking legal support helps you meet court expectations, protect your rights and prioritize your child’s well-being throughout the relocation process.

A Forceful Advocate For Your Family

Parental relocation has always been a delicate family law issue and can be very emotional. At Ami L. DiLorenzo, P.A., we handle the legal aspects of your case so that you can focus on the emotional ones. This often means forceful advocacy for you in Florida courts while fighting to preserve your relationship with your child. It means quick action. And it means exercising every option possible under our state’s laws.

Speak To Our Lawyer Today

If relocation is an issue for you, take immediate action. To schedule a consultation with an Ocala family lawyer at the law firm of Ami L. DiLorenzo, P.A., call us at 352-580-1141. We place great emphasis on answering e-mail inquiries as quickly as possible, so please feel free to contact us at any time.