Parental Relocation Comprehensive Solutions to Your Family's Needs.

Parental Relocation in Miami

Organized Florida Family Law Strategy for Parents Facing Relocation

A proposed move can reshape where a child lives, how time-sharing works, who handles transportation, and how both parents maintain meaningful contact. We advise parents on these connected issues before a move occurs and when responding to a formal relocation request.

At Orshan, Spann & Fernandez-Mesa, we handle parenting plans, time-sharing disputes, post-judgment modifications, and enforcement actions throughout Miami-Dade, Broward, Monroe, and Palm Beach counties. We connect Florida’s legal requirements to a practical plan for the child’s schedule, travel, school breaks, and communication.

Discuss a proposed move or objection with our family law attorneys. Call (305) 853-9161 to arrange an initial consultation.

A Relocation Strategy Built Around Your Parenting Plan

We begin by reviewing the current parenting plan, prior court orders, proposed destination, intended move date, and each parent’s objectives. We then assess how the existing schedule works, what changes the move would require, and whether an agreement may be possible.

Our attorneys prepare for negotiation, mediation, hearings, and trial when the parties can’t reach workable terms. Throughout the case, we provide direct updates about filings, deadlines, court procedures, and decisions that require your attention.

What to Expect From Our Relocation Case Review

During the initial consultation, we review the facts, explain relevant rights and responsibilities under Florida law, and identify potential next steps. We can develop a proposed parenting arrangement that addresses extended time-sharing, school breaks, virtual communication, transportation arrangements, and travel expenses. Bring any existing parenting plan, custody order, time-sharing agreement, support order, or relocation document that may affect the case.

What Florida Statute §61.13001 Treats as Relocation

Florida Statute §61.13001 generally defines relocation as a change in a parent’s principal residence of at least 50 miles that lasts for at least 60 consecutive days. Certain temporary absences for vacation, education, or a child’s health care aren’t included. The statute applies when a child is subject to a court order or arrangement involving parental access, custody, time-sharing, or related rights. A shorter move may still affect a parenting plan, but it doesn’t necessarily trigger the statutory process.

When Parents Agree in Writing

When everyone whose consent is required approves the move, the parties can prepare a written relocation agreement. The agreement must document consent, establish the access or time-sharing schedule for the nonrelocating parent and other entitled individuals, and describe transportation arrangements when necessary.

When a Court Petition Is Required

Without an agreement, the relocating parent generally must file and serve a relocation petition on the other parent and each person entitled to access or time-sharing. The petition must address the proposed residence, intended move date, reasons for moving, and proposed post-relocation schedule.

A parent objecting to the move generally has 20 days after service to file and serve a written response. Because the applicable procedures depend on existing orders and the posture of the case, either parent should arrange a prompt review of the documents.

Our Values

Why You Should Choose Our Team to Help You

We Treat You Like Family
We strive to provide quality, thoughtful, timely service to each of our clients. We provide timely, detailed updates on your case and make ourselves available to answer and follow up on any questions you may have.
Personalized Attention to Your Case
Every individual and family has a unique set of circumstances requiring a tailored approach. We treat each client as if they were our only client. Each case is treated with the utmost care and attention.
Thoughtful Preparation & Planning
We will get you through every step and be fully transparent of the process and what you can expect. We take a collaborative approach with our clients - we want to know what you think.
Quality, High-Caliber Representation
Our team is well-respected and recognized throughout the Miami-Dade area. We're known for our precise, in-depth knowledge of the law and versatile, strategic approach to each client's case.

Evidence That Can Shape a Relocation Dispute

A court’s analysis is fact-dependent and extends beyond the stated reason for moving. Relevant issues may include the child’s educational and developmental needs, each parent’s involvement, continuity at school and in the community, transportation burdens, and whether the proposed schedule can preserve a meaningful relationship with the nonrelocating parent.

Preparation depends on which side of the request you’re on:

Seeking relocation: Evidence may address the reason for moving, the proposed living arrangement, the child’s needs, and a workable plan for continued contact with the other parent.
Opposing relocation: Evidence may address disruption to time-sharing, school or community continuity, travel demands, and reasonable alternatives to the proposed move.

We draft parenting proposals covering regular schedules, holidays, communication, and transportation. When changing circumstances affect an existing order, we also handle post-judgment modification and enforcement proceedings.

Parental Relocation Proceedings in Miami-Dade

Cases filed in Miami-Dade proceed through the Eleventh Judicial Circuit’s Family Division. We regularly appear in Miami-Dade family court, including matters connected with the Lawson E. Thomas Courthouse Center, and explain which filings and procedural steps may apply. Because forms and filing requirements can vary with the posture of the case, we check current court materials against the facts and existing orders. We prepare clients for mediation, hearings, and other court events with organized filings, structured parenting proposals, and a clear presentation of the relevant facts.

Situations That May Lead to a Relocation Request

A proposed move may follow an employment change, remarriage, a need for family support, educational considerations, financial circumstances, or plans to live elsewhere in Florida or another state. No single reason determines the outcome. Courts consider the reason for moving alongside its effect on the child and the feasibility of maintaining contact with the other parent.

Documents to Gather Before a Relocation Consultation

The appropriate records depend on whether you’re requesting relocation, considering consent, or preparing an objection.

Useful materials may include:

The current parenting plan and relevant court orders
The proposed destination and anticipated move date
Documents supporting the stated reason for moving
Available school or childcare information
A proposed time-sharing and communication schedule
Proposed transportation arrangements and travel responsibilities
Any relocation petition, agreement, or objection already received

Get Clear on Your Next Step Before Any Move

We review the governing orders, applicable deadlines, proposed schedule, and practical travel demands before outlining the available path. Our focused family law practice combines organized preparation, direct communication, and a strategy grounded in Florida law.

Call (305) 853-9161 to schedule a consultation with Orshan, Spann & Fernandez-Mesa about a proposed parental relocation or objection.

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Schedule Your Initial Consultation

We will protect the best interests of you and your loved ones. Call our team at 305-853-9161 or fill out the form below.

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