Relocating With a Child in Florida

What counts as “relocation” in Florida?

Florida has a dedicated statute that governs moving with a child after a parenting case — § 61.13001, “Parental relocation with a child.” It does not apply to every move. Under the statute, relocation means a change in the principal residence of a parent (or other person with time-sharing) that is:

• At least 50 miles from the current principal residence, and
• For at least 60 consecutive days, not counting a temporary absence for vacation, education, or the child’s health care

If both the distance and duration tests are met, the relocation rules apply and you must get either the other parent’s written agreement or a court order before moving. A move under 50 miles, or a short-term absence, does not trigger the statute.

Relocation by agreement

The simplest path is consent. If the other parent and everyone else entitled to time-sharing or access agrees to the move, you can relocate by a written agreement instead of litigating. Under § 61.13001, the written agreement must:

• Reflect consent to the relocation
• Define an access or time-sharing schedule for the nonrelocating parent and any other person entitled to access
• Describe any transportation arrangements, if necessary

If there is an existing case or order, the parties ask the court to ratify the agreement. The court may approve it without a hearing unless a party requests a hearing within 10 days after the agreement is filed.

The petition to relocate and what it must contain

If the other parent will not agree, you must file a Petition to Relocate and serve it on the other parent. The statute is specific about what the petition must include. Under § 61.13001, your petition must state:

• The location of the intended new residence, including the state, city, and specific physical address if known
• The mailing address of the new residence, if different
• The home telephone number of the new residence, if known
• The date of the intended move or proposed relocation
• A detailed statement of the specific reasons for the proposed relocation (and, if the reason is a job offer that has been reduced to writing, that written job offer must be attached)
• A proposal for a revised post-relocation schedule for access and time-sharing, together with any proposed transportation arrangements
• The required statutory notice, in capital letters, warning the other parent of the deadline to object

How the other parent objects — the 20-day rule

Once the Petition to Relocate is served, the other parent has a strict deadline to fight it. Under § 61.13001, a response objecting to the relocation must be made in writing, filed with the court, and served on the relocating parent within 20 days after service of the petition. The objection must state the specific reasons for opposing the relocation and a statement of the amount of participation the objecting parent has in the child’s life.

What happens if the other parent does nothing? If no timely objection is filed, the statute provides that it is presumed that the relocation is in the best interest of the child and the relocation should be allowed. The court may then enter an order adopting the proposed schedule without a hearing, absent good cause.

The best-interest factors the court weighs

If the other parent objects, the court holds a hearing and decides whether to allow the move. There is no presumption for or against relocation in a contested case. Instead, § 61.13001 directs the court to evaluate a list of factors, including:

• The nature, quality, extent, and duration of the child’s relationship with each parent and with siblings and other significant people
• The child’s age and developmental stage, the child’s needs, and the likely impact the relocation will have on development
• Whether the relationship between the child and the nonrelocating parent can be preserved through a substitute schedule, considering the parties’ financial circumstances
• The child’s preference, taking into account age and maturity
• Whether the relocation will enhance the general quality of life for the parent and the child, including financial or emotional benefits and educational opportunities
• The reasons each parent is seeking or opposing the relocation
• The current employment and economic circumstances of each parent
• Whether the relocation is sought in good faith and the extent to which the objecting parent has fulfilled financial obligations
• The career and other opportunities available to the objecting parent
• Any history of substance abuse or domestic violence by either parent
• Any other factor affecting the best interest of the child

Never relocate before you have permission

This is the single most important rule in § 61.13001. You cannot relocate the child until you have either a signed written agreement that has been ratified, a court order permitting the move, or an unopposed petition that the court has allowed. Moving first and asking permission later is treated very seriously.

Practical tips

• Confirm the move actually triggers the statute — 50 miles and 60 consecutive days. A closer or shorter move may not require relocation proceedings.
• Try the agreement route first. A consented written agreement with a clear revised schedule is faster, cheaper, and less risky than litigating.
• Build a concrete proposed schedule. Courts want to see how the nonrelocating parent’s relationship with the child will be preserved, including who pays for and arranges travel.
• Document your reasons. A genuine, good-faith reason (a job offer in writing, family support, education) carries more weight than a vague desire to move.
• File before you move, not after. Give yourself enough lead time for service, the 20-day objection window, and a possible hearing.