Florida
How does child relocation work in a Florida custody case?
Quick answer
Florida has one of the most structured relocation laws in the country, so a parent who wants to move with a child cannot simply pack up and go. Understanding the process before you file makes a real difference in how the case goes.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated June 2026
Florida's relocation rule in plain English
Florida's relocation statute (section 61.13001 of the Florida Statutes) applies when a parent wants to move 50 miles or more from their current home for at least 60 consecutive days. Shorter moves generally do not trigger the statute, though they can still raise issues if they disrupt the existing time-sharing schedule.
There are two paths. If both parents agree, they can sign a written agreement that includes the new time-sharing schedule and how transportation will be handled, and ask the court to ratify it. If the other parent does not agree, the parent who wants to move must file a formal petition to relocate and serve it on the other parent. Moving without either an agreement or court permission can seriously damage a parent's case and can even lead to the child being ordered back.
What the court weighs when a parent objects
Once the other parent objects, the judge holds a hearing and decides whether the move is in the child's best interests. The parent asking to relocate has to show why the move benefits the child, not just the parent, although those often overlap. Better family support, improved finances, safer housing, and a stronger caregiving network all count.
Judges also look hard at the other parent's relationship with the child and whether it can realistically survive the move. That includes each parent's history of involvement, the child's age and needs, the feasibility of preserving the relationship through a long-distance schedule, the cost and logistics of travel, and whether the request is made in good faith rather than to cut the other parent out. With an infant, courts pay special attention to how the moving parent plans to protect the other parent's chance to bond, since babies cannot maintain relationships through phone calls the way older kids can.
What tends to strengthen a relocation case
The strongest petitions read like a plan, not a wish. That means specifics: where you will live, who nearby will help with childcare, what the job or financial improvement looks like, and a detailed proposed long-distance time-sharing schedule with dates, exchange logistics, and who pays for travel. Offering the other parent generous blocks of time, frequent video contact, and a share of the savings from the move (for example, covering some travel costs) shows the court you are protecting the relationship, not escaping it.
Good faith matters throughout. Courts notice parents who kept the other parent informed, followed the existing order while the case was pending, and proposed realistic solutions. Courts equally notice parents who moved first and asked permission later, or who have a history of blocking contact.
If your case is contested, prepare like it is a trial
A contested relocation hearing is an evidence-driven proceeding. Gather proof of the reasons for the move, such as a job offer letter, housing information, school or childcare details, and statements showing the family support waiting at the new location. Document your history as a caregiver and your track record of supporting the other parent's time.
Deadlines matter in relocation cases, and an objection has to be filed within a short window after the petition is served, so neither side should sit on paperwork. Filing happens in the circuit court handling your custody case, and self-represented parents handle these cases regularly, though the stakes are high enough that many at least consult an attorney before a contested hearing.
Tools and resources
Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.