A parent planning to move, or a parent worried their co-parent is planning to, faces one of the most consequential questions in Florida family law. Florida has a specific statute governing parental relocation with a child, and it applies regardless of whether the parents were married. The rules are structured, the timelines are short, and the consequences of ignoring them are significant.
Under Florida Statute 61.13001, a relocation occurs when a parent changes their principal residence by at least 50 miles from where they lived when the last time-sharing or custody order was entered, and the move lasts at least 60 consecutive days. Short-term departures for vacation, education, or a child's medical care do not qualify. Once the distance and duration thresholds are met, the statute's requirements apply regardless of whether the move crosses state lines.
If both parents and any other person with court-ordered time-sharing agree to the move, they can formalize it through a written agreement. That agreement must address the time-sharing schedule for the parent who is not relocating and any transportation arrangements for the child. The agreement is then filed with the court. If no one requests a hearing in writing within 10 days of filing, the court can ratify the agreement without a hearing and presume the relocation serves the child's best interest.
If the other parent does not consent, the parent wishing to relocate must file a petition with the court. That parent generally cannot move with the child until the court rules, and the statute requires the petition to be filed at least 60 days before the proposed relocation date unless there is a documented safety concern. After being served with the petition, the non-relocating parent has 20 days to file a written objection. Failing to object within that window typically allows the relocation to proceed without a hearing.
When a parent objects, the court evaluates the proposed move using the best interest of the child standard. Relevant factors include the relationship between the child and each parent, the reason for the proposed move, the reason for the objection, how the move would affect the child's schooling and stability, the geographic feasibility of maintaining a meaningful relationship with the non-relocating parent, and, if the child is old enough, the child's own preference. There is no legal presumption in favor of or against relocation. The parent seeking to relocate carries the burden of demonstrating that the move serves the child's best interest.
A parent who relocates without a written agreement or court order faces serious consequences. Florida courts can order the child returned immediately, modify the time-sharing arrangement in favor of the parent who stayed, hold the relocating parent in contempt, and award attorney fees against them. Taking a child out of state without authorization under an existing custody order can also carry criminal implications in certain circumstances. Borell Law has represented parents on both sides of relocation disputes throughout Florida for more than 36 years. These cases move quickly, and the actions taken at the outset often determine the outcome.
This is general information, not legal advice. Every case is unique; consult your Florida attorney first.
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