Relocating With Children After a Separation: Florida's 50-Mile Rule

A new job in another state, moving back near family in Puerto Rico, a partner who lives in another city. There are many valid reasons to move. But if you share parenting under a Florida court order, or have an open case, you can't simply pack up and go. Florida's relocation statute (section 61.13001) sets clear rules, and skipping them can cost you.

What counts as a "relocation"

The law applies when a parent changes their principal residence:

• to a place 50 miles or more from where they lived when the last order was entered or the case was filed, and
• for 60 consecutive days or more.

Temporary absences for vacation, education or the child's health care don't count. A move of less than 50 miles doesn't trigger this statute, but if it makes the current schedule unworkable, the parenting plan will probably need to be modified.

Path 1: relocating by agreement

If the other parent (and anyone else entitled to time with the child) agrees, you sign a written agreement that must:

• state consent to the move;
• set the new time-sharing schedule for the parent who isn't moving;
• explain how transportation will work and who pays for it.

That agreement is filed with the court for the judge's approval. It is the fastest and least expensive route, and the one that best protects the children's relationship with both parents.

Path 2: asking the judge for permission

Without an agreement, the parent who wants to move must file a petition to relocate and formally serve it on the other parent. The petition is signed under oath and must include:

• the address and a description of the new residence;
• the planned date of the move;
• the specific reasons (if it is a written job offer, it is attached);
• a proposed new schedule and transportation plan.

The other parent has 20 days from being served to file a written objection. If no objection is filed on time, the law presumes the move is in the child's best interests and, absent good cause, the judge approves it without a hearing. If there is an objection, there will be a hearing or trial.

How the judge decides

There is no presumption for or against the move. The parent who wants to relocate must prove it is in the child's best interests; if they do, the other parent must prove it is not. The judge looks at, among other things:

• the child's relationship with each parent, siblings and other important people;
• the child's age and needs, and how the move would affect them;
• whether the relationship with the other parent can be preserved with a different schedule, and whether travel costs are manageable;
• the child's preference, depending on age and maturity;
• whether the move improves life for the parent and the child (work, education, family support);
• each parent's reasons for seeking or opposing the move;
• whether each parent has met their financial obligations;
• any history of domestic violence.

If you move without permission

Relocating with the children without an agreement or order can have serious consequences: the judge can hold you in contempt, order the child returned, and weigh that conduct when deciding the relocation or modifying the parenting plan. It is rarely worth it.

If you are the one objecting

The 20-day deadline is short and runs from the day you are served. The objection must be in writing, under oath, and explain with facts why you oppose the move. Don't let it pass: if you don't respond, the move will most likely be approved.

How we can help

We represent both parents who need to move and parents who object, in Central Florida family courts. Relocation with a child: $5,000. The first 15-minute phone call is free. More on our child custody page.

Frequently asked questions