How Relocation Affects Child Custody After Divorce

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If your co-parent just told you they plan to move out of the Sarasota area with your child, you might feel like your relationship is about to be pulled hundreds of miles away. Or you may be the parent who has a job offer, a new partner, or much-needed family support in another city, and you are afraid you will be told you cannot take your child with you. In either case, relocation can make your already stressful parenting situation feel urgent and overwhelming.

These decisions are not just about changing addresses. A move can change schools, support systems, and how often each parent sees the child in person. Florida has very specific rules for what the law calls “relocation,” and Sarasota judges follow a structured process to decide whether a move is in a child’s best interests. Understanding this process helps you avoid missteps and focus your energy where it matters most.

At Boeller Law, P.A., we have spent more than 20 years helping Sarasota parents navigate divorce, parenting plans, and relocation questions. Our founding attorney is a Florida Supreme Court Certified Family Mediator and holds a Master’s Degree in Rehabilitation and Mental Health Counseling, so our guidance blends detailed knowledge of Florida family law with a strong awareness of how these decisions affect children emotionally. In this guide, we share what we have learned so you can make informed choices about Sarasota child custody relocation.


Contact our trusted divorce lawyer in Sarasota at (941) 315-8598 to schedule a confidential consultation.


When a Move Becomes a Legal Relocation in Florida

Not every move within or around Sarasota is a legal “relocation.” Florida law treats relocation as a specific kind of move that can change your parenting plan and your rights. In general, relocation means a change of the child’s principal residence of 50 miles or more from the current home, for at least 60 consecutive days, when there is an existing court order or parenting plan that addresses time-sharing. Short trips for vacation, medical care, or temporary work assignments usually do not count.

This distance requirement often surprises parents. For example, a move from Sarasota to Bradenton might be under 50 miles and may not trigger the relocation statute, although it can still affect your parenting schedule. On the other hand, moving from Sarasota to Tampa, Orlando, or farther south along the Gulf Coast typically crosses that 50-mile line and is far more likely to be treated as a relocation that needs either a proper agreement or court approval. The focus is on the actual driving distance between the old and new homes, not just whether they are in a neighboring county.

It also matters how long the move will last. A summer visit with grandparents outside Sarasota or a short-term out-of-area work project usually does not meet the 60-day requirement. However, if you intend to enroll your child in a new school or establish a new long-term residence, courts generally view that as a relocation. We regularly help Sarasota parents figure out whether their plans fall under the relocation statute before they take steps that could create problems later.

How Relocation Affects Your Sarasota Parenting Plan & Time-Sharing

Once a move qualifies as a legal relocation, it almost always affects your existing parenting plan and time-sharing arrangement. Parenting plans approved by the Sarasota family court are built around your child’s school, activities, and each parent’s residence. A significant move changes those foundations. Weeknight dinners, alternating weekends, and school pick-ups that worked when both parents lived in Sarasota may no longer be realistic if one parent moves a few hours away.

For the non-relocating parent, this can mean losing frequent in-person contact and shifting to longer, less frequent time-sharing, such as extended summer visits, major holidays, or multi-day breaks throughout the school year. For the relocating parent, it can mean more responsibility during the school term and a greater obligation to support travel, virtual communication, and other ways to keep the other parent involved. Courts in Sarasota look closely at whether the proposed schedule still allows the child to maintain a meaningful, ongoing relationship with both parents.

Another common misconception is that the parent who currently has more overnights automatically controls where the child lives. Florida law does not operate that way. Judges focus on the child’s best interests, not on titles or labels. Even if your parenting plan gives one parent a majority of time, a significant move usually still requires court approval or a compliant written agreement. Our work with Sarasota families often involves redesigning parenting plans for long-distance situations, with specific travel details, communication expectations, and school-year versus holiday schedules that match the child’s age and needs.

Relocation by Agreement: When Parents Are On the Same Page

When both parents agree on a move, relocation can be handled much more smoothly. Florida law allows parents to sign a written agreement that permits relocation, but it is not enough to simply trade emails or send text messages saying “I am fine with the move.” To protect everyone, including the child, the agreement should contain specific information about the new location, the revised parenting schedule, and how transportation and communication will work. The agreement then needs to be submitted to the court so the judge can approve it and make it part of your official parenting plan.

A strong relocation agreement typically covers details such as school-year time-sharing, who pays for plane tickets or long drives, how parents will share holidays, and how often the child will have phone or video calls with the non-relocating parent. Without this level of planning, misunderstandings can arise quickly. We have seen Sarasota parents run into conflict years later because they never clearly decided how travel costs would be shared or how transitions would work around school breaks.

This is a place where our mediation background is particularly valuable. As a Florida Supreme Court Certified Family Mediator, our founding attorney is trained to guide difficult conversations in a structured, neutral way. In relocation-by-agreement cases, we often use mediation-style meetings to help parents explore different schedules, look at school calendars, and think through the child’s day-to-day life in the new city. The goal is to translate general agreement about moving into a detailed, workable plan that the court can approve and the family can live with.

Contested Relocation: What Happens When One Parent Objects

When parents do not agree on relocation, the process becomes more formal and more time sensitive. The parent who wants to move generally needs to file a relocation petition with the court that issued the original Sarasota parenting plan. This petition typically explains where the parent plans to move, why they want to relocate, what the new living and school situation will be like for the child, and what time-sharing schedule they propose for the other parent. The petition must then be formally served on the other parent.

The non-relocating parent usually has a limited amount of time to file a written objection after receiving the petition. If they do nothing, the court may be more likely to treat the move as unopposed, which can significantly weaken their position later. An objection generally needs to address why relocation would not serve the child’s best interests and may outline an alternative plan, including proposals for the child to remain in Sarasota. These are not just casual letters; they are court filings that affect your rights.

After a petition and objection are filed, the court can set hearings and sometimes issue temporary orders. For example, a judge might restrict relocation until a final decision is made, or in some cases allow a temporary move with specific conditions. At a final hearing, both parents present evidence, such as their involvement in the child’s life, details about the new community, proposed school comparisons, and testimony about the child’s routine. Relocating without either court approval or a proper agreement can lead to serious consequences, such as contempt or a significant change in which parent has majority time-sharing.

We regularly work with both parents who need to relocate and parents who want to object. In either role, early strategic advice matters. Knowing what information Sarasota judges typically look for, and how to present your reasons and concerns in a clear, child-focused way, can make a real difference in how your case is understood.

How Sarasota Courts Decide If Relocation Is in a Child’s Best Interests

Relocation decisions in Florida turn on the child’s best interests, not on a parent’s desire for a fresh start or a belief that “I have primary custody, so I decide.” Sarasota judges consider a list of factors set out in Florida law and apply them to the specific facts of your family. One key factor is the nature, quality, and length of the child’s relationship with each parent. If one parent has been consistently involved in schoolwork, activities, medical care, and day-to-day life, a move that sharply reduces that contact will raise serious questions.

Court decisions also look at educational and family-support opportunities in both locations. For example, if the new area offers significantly better schooling, therapy, or family support that could help the child thrive, that can weigh in favor of relocation. On the other hand, if the child is stable and thriving in Sarasota schools and activities, and the benefits of the new location are uncertain, judges may view the disruption with more caution. The reasons each parent gives for and against the move also matter, including any history of one parent undermining the other’s relationship with the child.

Practical feasibility is another major concern. Judges examine how detailed and realistic the proposed long-distance parenting plan is. They often ask: How often will the child realistically be able to travel back to Sarasota during the school year and summer? Who will pay for airfare or gas? Is there a clear plan for video calls and other regular contact? The child’s age and needs are important here. A plan that might work for a 16-year-old may not be appropriate for a preschooler.

We have spent decades in Sarasota family courts and have seen how closely judges examine these details. One pattern we see is that parents sometimes underestimate how much explanation is needed. A bare assertion that “this move is better for our family” without concrete, child-focused support tends to be less persuasive. Our role often involves helping parents collect specific information about schools, neighborhoods, healthcare, and support networks in both locations, so the court has a full picture rather than general claims.

Common Mistakes Parents Make in Relocation Disputes

Relocation disputes are emotionally charged, which makes it easy to make decisions that feel right in the moment but harm your legal position. One frequent mistake is moving, signing a long-term lease, or enrolling a child in a new school before addressing the legal steps. Sarasota judges notice when a parent acts as if court approval is a formality rather than a requirement. That can suggest a lack of respect for the other parent’s rights and the court’s authority, which can weigh against relocation.

Another pitfall is assuming that being the majority time-sharing parent gives automatic power to relocate with the child. Parents sometimes think, “The child lives with me most of the time, so I can decide where we live.” Florida’s relocation statute does not work that way. If you move without following the legal process, you risk being ordered back to Sarasota with the child or facing a change in who has majority time-sharing. On the other side, non-relocating parents sometimes ignore a petition or hope the move will not happen, missing crucial deadlines to respond.

Parents also hurt their cases by focusing only on their own needs, such as a new relationship or personal career goals, without making a clear, factual case for how the move benefits the child. Social media posts, angry messages, or attempts to block contact between the child and the other parent can further damage credibility. Judges look for parents who support their child’s relationship with both sides of the family, regardless of relocation. In our Sarasota practice, we work with clients to step back from reactive decisions, document their positive involvement with the child, and present a calm, child-centered narrative instead of a conflict-driven story.

Using Mediation & Collaborative Approaches to Resolve Relocation

Not every relocation case needs to become a drawn-out courtroom battle. Mediation and collaborative approaches can give parents more control over the outcome and often reduce stress for everyone. In mediation, a neutral third party helps both parents talk through their goals, concerns, and possible solutions. The mediator does not make a decision but helps the parents reach their own agreement about relocation, time-sharing, and parenting details that can then be submitted to the court.

For relocation disputes, mediation can be especially useful in exploring creative solutions. Parents can work together to design detailed calendars that address school breaks, summer schedules, and major holidays, and can decide how and when the child will travel. They can also talk through how to manage virtual contact, such as regular video calls, and what both households will do to support the child’s relationships with siblings, grandparents, and extended family. These are the kinds of specifics Sarasota judges like to see in relocation agreements.

Collaborative family law processes can also play a role, particularly when parents are committed to staying out of traditional litigation. In a collaborative case, both parents work with their own attorneys and often involve other professionals, such as child specialists or financial neutrals, in a team setting. At Boeller Law, P.A., we often draw on our mediation training and mental health counseling background to keep discussions focused on the child’s well-being rather than on winning or losing. Even in high-conflict situations, many Sarasota parents are surprised at what they can accomplish when they have a structured process and support to think through options.

When to Talk With a Sarasota Child Custody Relocation Attorney

Because relocation is so fact-specific and time sensitive, it makes sense to talk with a Sarasota family law attorney as soon as relocation becomes a real possibility. If you are thinking about moving, early guidance can help you understand whether your plans count as relocation, what information you should gather about the new area, and how to approach the conversation with your co-parent. If you have received notice that the other parent wants to relocate, acting quickly gives you a better chance to respond within the required timeframes and present your concerns clearly.

At Boeller Law, P.A., we provide one-on-one attention to understand your family’s history, your child’s needs, and the reasons behind the proposed move. We then work with you to decide whether mediation, negotiation, or a contested hearing is the right path, and how to prepare for each. Our combination of decades of Sarasota family law experience and a therapeutic, child-centered approach allows us to focus on both the legal framework and the emotional realities involved.

Relocation cases are among the most difficult decisions a family court makes, but you do not have to face them on your own. If you are dealing with Sarasota child custody relocation questions, we invite you to reach out so we can talk through your options and help you chart a path forward that protects your relationship with your child and respects their well-being.


Call (941) 315-8598 to schedule a time to talk about your Sarasota relocation concerns.


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