Moving is tough, and moving when you’re divorced or separated and trying to co-parent is even more challenging.
Whether relocating for a new job, to be closer to family, or for a fresh start, if you’re a parent in Florida, you can’t just pack up and go—even with the best intentions.
If you’re considering a move with your child, it’s critical to understand Florida’s relocation laws and your rights under your current parenting plan.
What Is Considered “Relocation” Under Florida Law?
Under Florida Statute 61.13001, “relocation” means moving more than 50 miles from your current residence for at least 60 consecutive days, not including temporary travel for things like vacation, education, or health care.
This law applies whether you’re the custodial parent or have shared parental responsibility, even if you believe the move is in your child’s best interest.
Step 1: Can You and the Other Parent Agree on the Move?
If You Both Agree:
You’re off to a smooth start. You’ll need to draft and sign a written agreement that includes:
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The other parent’s consent to the relocation
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A revised time-sharing schedule for after the move
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Precise transportation arrangements for parenting time
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Court approval of the new agreement if there’s an existing time-sharing order
Even with a 50/50 Parenting agreement in place, the court must approve the new parenting plan to make it enforceable.
Step 2: What If You Don’t Agree? You’ll Need to File a Petition
If the other parent does not agree to the move, you must file a Petition to Relocate with a Child. This petition must be filed under oath and include:
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The address and phone number of your intended new residence
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The date you plan to move
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A detailed explanation for the move (e.g., new job, education, family support)
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A copy of a job offer, if applicable
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A proposed post-relocation parenting plan
The burden is on you, the relocating parent, to prove that the move is in your child’s best interests.
Step 3: What Happens Next?
The other parent will be served with your petition. Then:
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If no objection is filed within 20 days, the court may approve the relocation automatically.
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If an objection is filed, the case becomes contested and will be heard by a judge.
The objecting parent must submit their response under oath and outline:
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Their relationship and involvement with the child
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Why they oppose the relocation
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How the move could negatively impact the child
What Does the Court Consider When Deciding?
Florida courts take relocation cases seriously and will examine several factors, including:
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The current relationship between the child and both parents
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The impact the move would have on the child’s emotional and developmental needs
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Whether the move will enhance the child’s quality of life (better schools, housing, support system)
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The ability of the non-relocating parent to maintain a meaningful relationship
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The child’s preference, depending on their age and maturity
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Each parent’s good faith in seeking or opposing the move
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Any history of domestic violence or substance abuse
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Any other factor the court deems relevant to the child’s well-being
Important: Don’t Relocate Without the Court’s Approval
Moving your child without permission is a serious violation. The court can:
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Hold you in contempt
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Order the child to be returned
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Modify custody in favor of the non-relocating parent
Even if you believe you’re doing the right thing, don’t take matters into your own hands. Always follow the legal process.
Why Parents Across South Florida Choose Hoffman, Larin & Agnetti
For over 40 years, our firm has guided families through the most complex custody and relocation matters with the experience, strategy, and compassion they deserve. We know what’s at stake—and how to protect it.
Hear from a client:
“Dan Kent and Martin Hoffman are both incredible lawyers… I will forever keep this law firm in my contacts for anything legal I may need in the future… I will forever be thankful to this firm for helping me keep my son safe!” — Yenisbel H.,
Thinking About Moving With Your Child? Let’s Talk First.
Don’t risk your parenting rights—or your child’s well-being. Call Hoffman, Larin & Agnetti today for your FREE consultation.
Offices in Miami-Dade, Broward & the Florida Keys
305-653-5555
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