At Bergermann Law Firm, we know life shifts, sometimes unexpectedly. You may get a new job, find yourself in a new relationship, or have a family member in need of your daily support. But if you’re a parent, moving isn’t just about you. It’s about your kids, their lives, and the custody arrangements already in place. So, what happens when one parent wants to move away? In Florida, that’s a custody relocation—a move that can shake up your child’s stability, routine, and relationship with their other parent. How does the law handle this? Let’s break it down.
Understanding Florida’s Relocation Rules
In Florida, a parental move that’s 50 miles or more and lasts longer than 60 days is legally a “relocation.” The relocating parent needs either the other parent’s written consent or a court’s approval. Sound simple? It rarely is. To move without conflict, you’ll need a solid relocation agreement—a document detailing everything from time-sharing adjustments to transportation arrangements for the other parent’s visitation. When cooperation isn’t possible, the court steps in to decide. What factors guide their decision?
How Courts Decide in Relocation Cases
When a relocation is contested, Florida courts dive deep. Why? They’re looking out for what matters most: the child’s best interests. So, what goes under the microscope?
1. The bond the child has with each parent.
2. The child’s age, developmental needs, and overall well-being.
3. How realistic it is to preserve the child’s connection with the other parent.
4. The child’s wishes—yes, if they’re mature enough, the court may consider this.
5. The life improvements the move would bring, like better education or financial stability.
6. Each parent’s motivations—why one wants to move, why the other wants them to stay.
It’s all about what’s best for the child, not what’s easiest for the parents. Got a solid plan? You’ll need to prove it. The court will weigh every detail.
Arthur v. Arthur: A Real Relocation Battle
In Arthur v. Arthur, a mother wanted to move to another state for a job, but the father fought to keep his child close. The Florida Supreme Court ruled that the child’s best interests had to be the top priority—and the relocating parent needed to show the move would genuinely benefit the child. This case highlights a critical point: It’s not about what’s best for the parents; it’s about what’s best for the child. And that’s a crucial distinction.
Building a Strong Relocation Case
So, what if you’re the one wanting to move? Here’s where strategy comes in. At Bergermann Law Firm, we work with parents to build a relocation plan that stands up in court. What goes into it?
1. Detailed Reasons for the Move: Is this move truly for the child’s benefit? We will need to be specific about it.
2. Proposed Time-Sharing Schedule: We will lay it all out—days, weekends, and holidays. We will be sure to make it fair.
3. Transport Arrangements: Got a plan for travel costs and logistics? We will be sure to get it all in writing since that’s how the courts want to see it.
At Bergermann Law, we will put in the work, present a clear, detailed case, and you’ll show the court you’re serious about making this move positive for your child.
When Cooperation Isn’t an Option
Sometimes, talking it out just doesn’t work. That’s where mediation comes in. It’s a chance to create a solution without dragging things through the court. A mediator helps both parents hammer out an agreement. Mediation can keep the process faster, cheaper, and less painful than going to court. It’s worth a shot before diving into court proceedings.
What Happens to Your Current Custody Agreement?
Moving means change. When a parent relocates, the existing custody agreement often needs tweaking. Maybe it’s a new time-sharing schedule or a virtual visitation plan. Maybe it’s adjusting who covers the travel expenses. All of this has to be figured out in advance. At Bergermann Law Firm, we help parents foresee these changes and address them early—before they turn into conflict.
Mize v. Mize: When a Move Is on the Line
In Mize v. Mize, a mother wanted to relocate with her child. The father opposed, and the Florida Supreme Court developed a test to assess the move’s impact on the child. They looked at the child’s relationship with both parents, the child’s needs, and the move’s effect on their life. The takeaway? The child’s stability comes first, and a move that disrupts this can be denied. Courts don’t take these decisions lightly.
What If You’re the Parent Staying Behind?
Maybe you’re the one left in Naples, watching the other parent pack up. What can you do? You have rights. Start by challenging the move if it’s not in your child’s best interests. Gather evidence, focus on how the move could disrupt your child’s life, and make your case for keeping the child close. Remember, it’s about showing what’s best for your child, not what’s most convenient for you. Ask yourself: how can I best protect my child’s stability and well-being?
Why Bergermann Law Firm Stands Out
Navigating relocation disputes isn’t easy. At Bergermann Law Firm, we’re here to help parents in Naples get clarity, find solutions, and protect what’s most important—their kids. Relocation is a major change, and we work to ensure our clients understand their options, their rights, and the best way forward. If you’re facing a relocation issue, don’t go it alone.
Get Guidance, Protect Your Future
Need to make a move—or stop one? Bergermann Law Firm is ready to help. Reach out today to understand your rights, create a plan, and move forward with confidence.
