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Orders Approving Relocation


Family in need of attorney

When a parent or other person’s relocation request is approved by the court, an order will be entered reflecting such approval. In some cases, such as where the court grants a parent or other person’s Petition to Relocate, orders approving relocation may simply adopt the access and time-sharing schedule, transportation arrangements, and other terms contained in the petition.

In other cases, the court may modify the terms and provisions provided in the Petition, in accordance with the best interests of the child, while also taking into consideration factors such as the legal interests, financial feasibility, and any hardship the relocation may cause to a parent or other person entitled access to or time-sharing with the child.

Pursuant to Florida Statute § 61.13001(9), the court may, in its discretion, include provisions in a relocation order requiring contact between the nonrelocating parent or other interested person. The purpose of court ordered contact, as provided by statute, is to “ensure that the child has frequent, continuing, and meaningful contact with the nonrelocating parent or other person.”

The court may order contact if two circumstances are present: (1) the contact is financially affordable; and (2) the contact is in the best interests of the child. Examples of provisions regarding contact that the court may set forth in a relocation order include:

  • Access
  • Time-sharing
  • Internet
  • Webcam
  • Other arrangements

In addition, and when necessary and applicable, the relocation order shall also specify how transportation costs are to be allocated between the parents and other persons. A relocation order may also result in an adjustment, as appropriate, in the child support award. In adjusting a child support award, the court will consider the following: (1) the costs of transportation; and (2) the respective net incomes of the parents in accordance with the state child support guidelines schedule.

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If you are a parent or other person seeking to relocate, contesting to child relocation, or are a party to an existing relocation order, and you have questions or concerns regarding relocation, a Florida family law attorney can evaluate your matter to ensure the full protection of your legal interests as provided by law.

As practicing attorneys for over three decades, the Law Office of Alba & Yochim P.A. has the experience, skill, and knowledge necessary to address your Florida relocation matter. In addition, attorney J. Mark Dubose, Jr. is licensed to practice in both Florida and Texas, and therefore can provide an added benefit to clients requiring legal services in either jurisdiction.