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tina.lewert@lewertlaw.com

301 Yamato Rd #4110, Boca Raton, FL 33431, United States

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Boca Raton Divorce Lawyer and Family Attorney

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Board Certified Boca Raton Parental Relocation Lawyer

When one parent wants to move with the children and the other does not agree, Florida sets strict rules. Tina L. Lewert, a Boca Raton parental relocation lawyer who is Board Certified by The Florida Bar, helps parents on both sides of a relocation.

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How a Boca Raton Parental Relocation Lawyer Can Help

We live in a far more mobile society than a generation ago. After a divorce, a parent may need or want to move for many understandable reasons: a new job or a lost one, a career opportunity, a remarriage, or the need to care for aging parents. When there is a parenting plan in place, though, moving with a child is not as simple as packing the car.

Florida law gives the issue real weight because a move can reshape a child’s relationship with the other parent. Whether you are the parent who wants to relocate or the parent facing the prospect of your children moving away, a child relocation attorney Boca Raton parents trust can help you work through the details, protect your rights, and keep your children’s interests at the center. A parental relocation lawyer Boca Raton families rely on can also tell you whether the statute even applies to your move. If a move is on the horizon, even just under consideration, it is worth making the call early.

Boca Raton Parental Relocation Lawyer
Boca Raton Parental Relocation Lawyer

Tina Lewert

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What Counts as Relocation Under Florida Law

Not every move triggers the relocation statute. Under Section 61.13001 of the Florida Statutes, “relocation” means changing your principal residence to a place at least 50 miles away, for at least 60 consecutive days. The 50 miles is measured as a straight line, not driving distance, and short, temporary absences for vacation, education, or a child’s medical care do not count.

If your move meets that definition and a parenting plan or time-sharing order is in place, you cannot simply move. You need either the other parent’s written agreement or the court’s permission. This is true whether you are moving across the state or to another state, and an international move is treated as relocation regardless of distance. As a move away lawyer Boca Raton parents consult, Tina L. Lewert can tell you quickly whether your situation falls under the statute.

The Two Lawful Paths to Relocate

Florida provides exactly two proper ways to relocate with a child.

The first is agreement. If both parents, and anyone else entitled to time-sharing, agree, they can sign a written relocation agreement that reflects consent, sets out a revised time-sharing schedule, and describes any transportation arrangements. The agreement is then ratified by the court, which is usually straightforward when it appears to serve the child.

The second is a petition. If the other parent does not agree, the relocating parent must file a Petition to Relocate and serve it on the other parent. The petition must be signed under oath and include specific information: the address of the intended new residence, the date of the intended move, a detailed statement of the reasons for the move, and a proposed revised time-sharing and transportation schedule.

What Happens After a Petition Is Filed

Timing matters a great deal here. Once served, the other parent has 20 days to file a written objection. If they do not object in time, the court may allow the relocation without a hearing, unless it finds the move is not in the best interests of the child. If the other parent does object, the relocating parent cannot move until the court rules, and the matter proceeds to a hearing.

At that hearing, there is no presumption either for or against the move. The relocating parent generally must show the move is made in good faith, and the court decides based on the child’s best interests, weighing a list of statutory factors. Those factors include the nature and quality of the child’s relationship with each parent, the child’s age and needs, how feasible it is to preserve the relationship with the non-relocating parent through a revised schedule, the reasons each parent gives for seeking or opposing the move, and any history of abuse or violence, among others.

A word of caution: moving with a child without following these steps can carry serious consequences, including being ordered to return the child and harm to your standing in the case. The right approach is to follow the statute from the start.

  • Board Certified Specialist, Marital and Family Law, by The Florida Bar, 2009 to present
  • Nationally Board Certified in Family Trial Law by the National Board of Trial Advocacy
  • U.S. News "Best Lawyers" 2023 to 2026, Family Law and Family Law Mediation
  • Super Lawyers Magazine's "Top Attorneys in Florida" 2013 to 2025

Why Work With a Board Certified Boca Raton Parental Relocation Lawyer

Relocation cases turn on strict procedure and a careful best-interests presentation, which is exactly where experience pays off. Working with a board-certified specialist means your case is handled by someone whose focus and experience in marital and family law have been formally recognized by The Florida Bar. Because Lewert Law keeps a deliberately limited caseload, the attorney you meet is the attorney who handles your matter.

That certified focus has been recognized by The Florida Bar and the wider legal profession:

  • Board Certified Specialist, Marital and Family Law, by The Florida Bar, 2009 to present
  • Nationally Board Certified in Family Trial Law by the National Board of Trial Advocacy
  • U.S. News "Best Lawyers" 2023 to 2026, Family Law and Family Law Mediation
  • Super Lawyers Magazine's "Top Attorneys in Florida" 2013 to 2025

Serving Boca Raton and South Florida

Lewert Law is based in Boca Raton and handles parental relocation matters for clients throughout Palm Beach County and Broward County, including Delray Beach, Boynton Beach, Lake Worth, Highland Beach, West Palm Beach, Palm Beach Gardens, Deerfield Beach, Pompano Beach, Coral Springs, and Parkland. As a Boca Raton family lawyer focused exclusively on marital and family law, Tina L. Lewert handles these cases personally. Local cases are generally heard in the Palm Beach County or Broward County family courts.

Frequently Asked Questions

What counts as relocation in Florida?

Under Section 61.13001, relocation means moving your principal residence at least 50 miles away for at least 60 consecutive days. The distance is measured as a straight line, and temporary absences for vacation, education, or medical care do not count. An international move is always treated as relocation.

Do I need permission to move with my child?

If a parenting plan or time-sharing order is in place and your move meets the statutory definition, yes. You need either the other parent's written agreement or court approval. Moving without one of these can lead to being ordered to return the child and can damage your position in the case.

What must a Petition to Relocate include?

It must be signed under oath and state the address of the new residence, the date of the intended move, a detailed explanation of the reasons for the move, and a proposed revised time-sharing and transportation schedule. Missing required elements is a common reason petitions fail.

How long does the other parent have to object?

The other parent has 20 days after being served to file a written objection. If they do not object in time, the court may permit the relocation without a hearing, unless it is not in the child's best interests. If they object, you cannot move until the court rules.

How does a court decide a contested relocation?

There is no presumption for or against the move. The court weighs the child's best interests using statutory factors, including the child's relationship with each parent, the child's age and needs, whether the relationship with the non-relocating parent can be preserved, the reasons for and against the move, and any history of abuse or violence.

Where are these cases heard for Boca Raton residents?

A relocation matter is filed with the Palm Beach County Clerk of the Circuit Court, and for Boca Raton residents these cases are generally heard in the family division at the South County Courthouse, located at 200 W. Atlantic Avenue in Delray Beach, the nearest county courthouse to Boca Raton.

Relocation touches several related matters:

Boca Raton child support lawyer, for how support is calculated

Speak With a Boca Raton Parental Relocation Lawyer

A relocation question affects your children and your future, and the rules are strict. To talk through a possible move or an objection with a board-certified Boca Raton parental relocation lawyer, call Lewert Law at (561) 544-6861 or reach out online to schedule a confidential consultation.