Parental Relocation Lawyer in Tampa
Board-Certified Family Law Specialists for Relocation Disputes
Florida’s parental relocation statute is one of the more technically demanding areas of family law. Getting the process wrong, whether you’re the parent who wants to move or the parent opposing the move, carries real legal consequences. At Sessums Law Group, P.A., our board-certified family law specialists have handled relocation matters in Hillsborough County since the firm’s founding in 2008. That certification reflects demonstrated competency in the statute-driven analysis these cases require.
Parental relocation disputes arise after a divorce, paternity action, or any proceeding that produced an existing time-sharing order. Florida Statute 61.13001 governs the entire process and applies regardless of whether a parent holds majority or minority time-sharing.
Whether you’re planning a move or contesting one, our team can help you understand your rights and next steps under Florida law. Call us at (813) 212-8330 to schedule a consultation.
What Florida Law Defines as “Relocation”
Not every move triggers the statute. Under Florida Statute 61.13001, relocation is a change in a parent’s principal residence that is at least 50 miles from the current residence and lasts at least 60 consecutive days. That 60-day period excludes temporary absences for vacation, medical care, or the child’s education. A parent taking a child out of state for a summer program doesn’t automatically trigger the statute. A parent quietly establishing a new home 55 miles away does.
The statute applies to final judgments, settlement agreements, and temporary orders alike. If any controlling order addresses time-sharing and you’re considering a move that meets the distance and duration thresholds, the statute applies to you.
Two Paths to Relocating Under Florida Law
A parent who wants to relocate with a child has two lawful options: obtain the other parent’s written agreement, or file and serve a verified petition to relocate and obtain court approval.
Written Agreement
If both parents consent, the agreement must be in writing, signed by both parties, and incorporated into a court order. An informal understanding isn’t sufficient.
Petition to Relocate
When agreement isn’t possible, the relocating parent must file a verified petition signed under oath. The petition must include the new address, the intended move date, the reasons for relocating, a proposed revised time-sharing and transportation schedule, and any written job offer being relied upon. The statutory notice must also warn the other parent that a written objection must be filed and served within 20 days of service.
If no timely objection is filed, the court may approve the relocation without a hearing unless doing so wouldn’t serve the child’s best interest. That 20-day deadline isn’t flexible.
How Florida Courts Decide a Relocation Petition
The parent seeking relocation carries the initial burden: proving by a preponderance of the evidence that the move serves the child’s best interest. If that burden is met, it shifts to the objecting parent to prove otherwise.
Florida courts weigh a specific set of statutory factors:
- The nature, quality, and extent of each parent’s involvement in the child’s life
- The child’s age and developmental stage
- The feasibility of preserving the relationship with the non-relocating parent through a revised time-sharing schedule
- The reasons each parent supports or opposes the move
- Each parent’s financial circumstances and the economic impact on both households
- Any history of substance abuse or domestic violence
These aren’t abstract considerations. Courts look closely at the evidence, and outcomes often turn on how well each side presents the facts relevant to their position.
Representing Both Sides of a Relocation Case in Tampa
We represent parents seeking to relocate and parents opposing a proposed move. Both positions require a command of the same statute and the same court. We regularly handle family law matters in Hillsborough County and the Thirteenth Judicial Circuit, and our board-certified family law specialists bring that courtroom familiarity to every relocation case.
When the parties can reach a resolution, we work to negotiate a long-distance parenting plan that addresses time-sharing logistics, transportation costs, and communication. When litigation is necessary, we prepare our clients to meet the burden-of-proof standard Florida’s statute sets.
Talk to a Tampa Parental Relocation Attorney
If you’re facing a relocation issue, timing matters. A parent who moves without written agreement or court approval faces contempt, a possible court-ordered return of the child, and payment of the other party’s attorney’s fees. A parent who misses the 20-day objection window may lose the opportunity to contest the move.
We offer virtual consultations and bilingual legal services in English and Spanish. Call (813) 212-8330 to speak with our team at Sessums Law Group, P.A..
Meet Our Team
Attorneys Uniquely Qualified to Assist You
Triple Board Certified
Florida's Only Attorney with All Three Certifications
Mark A. Sessums is the only lawyer in Florida who is Board Certified in all three areas
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Florida BarMarital & Family LawBoard Certified Since 1997
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Florida BarCivil Trial LawBoard Certified Since 2010
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National Board of Trial AdvocacyTrial AdvocacyBoard Certified in 2015
Our Settlements & Verdicts
Sessums Law Group, P.A. Attorneys Take Pride in Delivering Exceptional Results for Our Valued Clients
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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$6,000,000.00 Recovery Fraud Civil Action
Sessums Law Group, P.A. successfully recovered $6,000,000.00 for a client in a fraud civil action. Prior to the client’s divorce, the client negotiated and executed an agreement with his wife’s boyfriend that sought that the boyfriend would have no contact with the client’s wife.
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$2,740,000.00 Wrongful Death Hit/Run of Motorcyclist
Representation of the plaintiff hit from behind on his motorcycle by a driver who was allegedly drunk at the time of the accident. Sued the defendant; the bar that the defendant had been drinking and the defendant’s employer.
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$1,929,000.00 Verdict Real Estate Deficiency
Representation of estate in real estate deficiency claim resulting in joint and several liability verdict against various doctors and chiropractors.
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$1,000,000.00 Settlement Collision
Representation of estate in an automobile and tractor trailer collision that resulted in multiple deaths.
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Confidential Settlement Amount Medical Malpractice
Client was burned with a hot pack after delivering her son via Cesarean section.
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Confidential Settlement Amount Nursing Home Negligence
Representation of the Personal Representative of the Estate of the patient who died due to negligent care while in the care of the nursing home.
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Confidential Settlement Amount Trolley Accident
Representation of passengers who were enjoying a sight- seeing tour aboard a trolley when the trolley was hit by a bus. The passengers suffered soft tissue injuries.
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Confidential Settlement Amount Hit & Run
Sessums Law Group was recently successful in settling a case for a hard working Polk County man whose hit and run accident resulted in a need for a knee replacement. The defendant argued that our client had caused the accident. We were able to prove through expert accident reconstruction testimony that the accident happened as our client testified despite the minimal damage involved.
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Confidential Settlement Stolen Property
Client’s vehicle was burglarized and her engagement and wedding rings stolen. The perpetrator pawned the stolen items to a local pawn shop. The pawn shop ignored the hold order from the police department and sold the engagement and wedding rings. After suit filed for the Plaintiff, a confidential settlement was reached with the pawn shop for the value to our client of her stolen rings.
"Our firm believes in the integrity of the needs of the each client we represent. We are passionate about obtaining the maximum results allowable under the law for each client."
- Mark A. Sessums