Modification vs. Relocation: What Constitutes a “Substantial Change” Under Florida Custody Law?

Stability matters most—both in court and in the child’s life.

Custody orders in Florida are designed to give children stability and consistency after separation or divorce. However, circumstances can change, and sometimes those changes are significant enough to warrant revisiting a custody arrangement. Under Florida law, courts may consider modifying a parenting plan when a parent can prove a substantial and material change in circumstances. The same concept often applies when one parent seeks to relocate. This article explains how courts interpret this standard, when modification is appropriate, and how relocation may trigger similar scrutiny under Florida custody law.

Understanding Custody Modification in Florida

Florida Statute §61.13 governs the creation and modification of parenting plans. The statute reflects a strong public policy favoring stability for children. Courts will not alter an existing custody order simply because one parent believes a different arrangement would be better.

Under the statute and related case law, to justify modification, a parent must meet a two-part test:

1. There must be a substantial and material change in circumstances since the last custody order; and
2. The modification must serve the child’s best interests.

The parent requesting the change carries the burden of proof, meaning they must present persuasive evidence showing both elements are met. Judges are cautious when modifying custody to avoid disrupting the child’s sense of security and continuity.

What Counts as a Substantial Change?

Not every life event qualifies as “substantial.” Courts look for circumstances that are significant, long-lasting, and unforeseen at the time the prior order was entered. The change must be severe enough to affect the child’s well-being or the parents’ ability to meet the child’s needs.

Examples that may qualify include:

• Persistent substance abuse or criminal behavior by a parent
• Serious or ongoing mental health or medical issues
• Repeated interference with parenting time or co-parenting responsibilities
• Evidence of neglect, domestic violence, or endangerment
• Significant changes in the child’s needs, health, or schooling

Situations that usually do not qualify include:

• A parent’s remarriage or new relationship
• Temporary financial or job fluctuations
• Routine parenting disagreements or isolated conflicts

Courts also look for a pattern of conduct rather than isolated incidents. A one-time argument or short-term problem rarely meets the legal threshold for modification.

When Relocation Triggers a Custody Modification

Florida Statute §61.13001 defines relocation as a move of 50 miles or more from the current residence for at least 60 consecutive days. Relocation is not automatically treated as a modification, but it often functions like one because it can significantly alter the time-sharing schedule.

Parents seeking to relocate must:

• Provide written notice to the other parent
• Obtain written consent or file a petition with the court if the other parent objects
• Allow the court to evaluate factors such as:
  • The distance of the move and its impact on time-sharing
  • The child’s age, needs, and educational opportunities
  • The feasibility of maintaining a relationship with the non-relocating parent

Courts weigh whether the relocation is in the child’s best interests and whether the move constitutes a substantial change warranting an adjustment to the parenting plan.

Key Differences Between Modification and Relocation Cases

Although both types of cases can alter custody arrangements, they focus on different aspects of change:

• Modification cases center on shifts in circumstances that affect parental fitness or the child’s welfare.
• Relocation cases focus on the practical and emotional effects of distance and how it may disrupt the parent-child relationship.
• Relocation requests usually require advance court approval, while modifications often respond to changes that have already occurred.

Both types of cases demand detailed evidence and strict compliance with Florida’s procedural requirements.

Proving a Substantial Change: Evidence and Practical Tips

Because the burden of proof is high, evidence is pivotal. Parents should be prepared to provide documentation that supports their claims, such as:

• School or medical records showing changes in the child’s behavior or needs
• Police reports or witness statements documenting abuse, neglect, or ongoing conflict
• Communication logs showing interference with parenting time
• Financial or employment records, if stability or resources have changed

Even when parents act in good faith, self-filed motions often fail due to technical or evidentiary deficiencies. Legal representation can help ensure compliance with court procedures and present a clear, well-supported case for modification or relocation involving child custody in Florida.

Protecting the Child’s Stability and Future

Florida’s “substantial change” requirement is designed to protect children from unnecessary disruption. Whether a parent seeks modification or relocation, the focus remains on the child’s best interests and maintaining stability. Before filing, parents should consult a qualified family law attorney to evaluate whether their situation meets the legal standard and to assist with preparing the necessary documentation and arguments.

Stability matters most—both in court and in the child’s life.