Mediating Relocation Involving a Minor Child under Florida Law: Exploring Section 61.13001, Florida Statutes 

Attorney/Mediator Beth Reineke

Certified Florida Divorce Mediator & Family Law Attorney

30+ Years of Experience 

Relocation disputes involving minor children can be one of the most challenging aspects of family law cases. In the state of Florida, these disputes are governed by Section 61.13001 of the Florida Statutes. As a seasoned family law attorney and certified divorce mediator, I have encountered numerous cases involving relocation issues and have successfully guided couples through the mediation process to find amicable solutions.

Understanding the Significance of Relocation under Florida Law

Relocation refers to a situation where a parent with primary custody of a minor child intends to move a significant distance away (50 miles or more), either within or outside the state of Florida. This geographical move can have a substantial impact on the child's relationship with the other parent, visitation schedules, and overall well-being. As a result, the Florida Legislature established Section 61.13001 to provide a framework for addressing relocation disputes and ensuring that the best interests of the child are upheld.

The Core Principles of Section 61.13001

If the parents are unable to reach an agreement, section 61.13001 of the Florida Statutes outlines the procedures and factors that must be considered when a parent wishes to relocate with a minor child. Here are the key aspects covered by this statute:

Notice of Intent to Relocate

The relocating parent is required to provide written notice to the non-relocating parent at least 60 days before the intended move. According to the statute, this notice must include specific details about the proposed relocation, such as the new address, the date of the intended move, and a revised visitation schedule, among other things. It is imperative that the moving parent strictly adhere to the statutes’ notice requirements.

Objection and Response

Upon receiving the notice, the non-relocating parent has the right to object to the proposed relocation within 30 days. If an objection is filed, unless the parents can come to an agreement, a trial will be held and the court will need to determine whether the relocation is in the child's best interests.

Best Interests of the Child

The court's primary consideration in relocation cases is the best interests of the child. Factors such as the child's relationship with each parent, the impact on the child's education and social life, and the reasons for the relocation are all weighed during this evaluation. (The factors the court considers are set out specifically in the relocation statute.)

Mediation as an Alternative

As a certified divorce mediator, I strongly advocate for couples to explore mediation as an alternative to litigating relocation disputes. Mediation provides a structured environment where both parents can openly discuss their concerns and preferences while working toward a mutually agreeable solution. This approach is especially beneficial when dealing with sensitive matters like relocation that directly affect the child's future.