The global COVID-19 pandemic shook our society to its core. In addition to the tragic loss of countless lives, the global pandemic changed the way our world functions. Specifically, it created a number of obstacles that directly impact a parent’s ability to relocate from, or even within, the state of Florida.

Yet, before discussing how the pandemic has impacted the world of relocation in the State of Florida, it is important to have a basic understanding of what the relocation statute provides for. Generally speaking, Florida Statute §61.13001 requires a parent who resides in Florida to obtain approval from the other parent, or the Court if no such agreement is reached, to relocate with a child more than fifty miles from his or her residence.[1] When a parent seeks approval from a court in Florida, that parent must file a sworn petition to relocate, which should contain certain information required by Florida Statute §61.13001(3)(a) and its subparts. In reaching its decision regarding a proposed temporary or permanent relocation, the court evaluates the following factors:

(a) The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.

 (b) The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.

 (c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.

 (d) The child’s preference, taking into consideration the age and maturity of the child.

 (e) Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.

 (f) The reasons each parent or other person is seeking or opposing the relocation.

(g) The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.

 (h) That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.

 (i) The career and other opportunities available to the objecting parent or other person if the relocation occurs.

 (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.

 (k) Any other factor affecting the best interest of the child or as set forth in s. 61.13.

Prior to the pandemic, it was typically very difficult to prevail on a relocation claim. More often than not, it seemed a judge would deny a parent’s request to relocate after taking into consideration the abovementioned factors. After all, granting a relocation frequently meant a child would move further away from the other parent, which is a difficult pill to swallow, and oftentimes, not in a child’s best interest. However, times have changed as a result of the global pandemic, especially within the state of Florida. As a result, circumstances have arisen which directly impact some of the relocation factors and provide a parent with additional reasons to seek, or object to another’s parents request, to relocate within, or from, Florida.

For example, when analyzing the economic circumstances of a proposed relocation, it is difficult to ignore the dramatic increase in the cost-of-living within the state of Florida since the arrival of COVID-19. According to the latest Consumer Price Index report by the U.S. Bureau of Labor Statistics, the Miami metropolitan area posted the highest cost-of-living increase among major U.S. cities. Consumer prices in the region including Miami, Fort Lauderdale and West Palm Beach rose 9.9% for the twelve months ending in December 2022, the highest figure among the top fourteen metropolitan areas. To give you an idea of how these numbers compare to other major metropolitan areas, New York-New Jersey and the San Francisco Bay Area fared much better at 6.3% and 4.9%, respectively. To make matters worse, Miami’s pace of inflation in 2022 also outpaced the national level of 6.5%.

Then there is the housing issue that many of us Florida residents lose sleep over. While median home sale prices have increased throughout the country since the pandemic, the median home sale prices in Miami are towards the top in the nation. In fact, the 23% increase in Miami metropolitan median home sale prices from November 2021 to November 2022 amounts to the third-highest annual growth rate in the country, according to a CoreLogic January 2023 U.S. Home Price Insights report. The only two metropolitan cities to have a higher median home sale price increase? Of course, Punta Gorda and Naples, two metropolitan cities also located in Florida.

Residential rent hasn’t been much better. In the last quarter of 2022, residential rents in Miami, on average, increased more than 50% from where they were over the same period in 2019, just months before the start of the global pandemic. Additionally, according to a CoreLogic Single-Family Rent Index study in September 2022, which analyzed residential rental rates in twenty major metropolitan areas, Miami posted the highest year-over-year increase in single-family rents at a whopping 20.1%. Orlando, Florida, recorded the second-highest at 18.3%, while Boston, for example, ranked third at a significantly smaller rate of 10.6%.

As a result of the above, there is a noticeable increase in Florida residents asking family law attorneys, such as myself, whether they will be able to relocate with their children since they simply cannot afford to live in Miami, Naples, Punta Gorda, Orlando and many other cities within the state of Florida. Furthermore, I have noticed many individuals going through a divorce insisting on paying support which exceeds their legal obligations to ensure their former spouse will be able to afford housing, thus preventing the likelihood of a relocation issue in the future.

However, it cannot be disputed that we, as a society, have become more reliant on electronic communication, video conferencing and remote work. As a result, there is a growing population of parents who are seeking to work remotely, in addition to a growing population of employers who are permitting their employees to work remotely. Such a trend allows a parent, who is objecting to a relocation request, to argue that the relocating parent may not need to move in order to secure higher compensation and defray the high costs of living in Florida.

In the end, the global pandemic has brought a new wave of arguments, both for and against, a parent’s quest to relocate from, or within, the state of Florida. These arguments simply cannot be ignored and will likely expand as time progresses. As a result, relocation in Florida has become increasingly hazy, difficult to predict, and, perhaps, easier to succeed on in Court. However, one has to wonder how temporary these circumstances are, and if so, whether they will be around long enough to justify further amendments to a relocation statute that has become a hot topic in Florida for several years.

[1] The relocation must be a change in the location of a parent’s principal residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be for at least sixty consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.