Family Law · Florida

Parental Relocation in Florida: The 50-Mile Rule, the Petition, and How to Move With Your Child Legally

Florida has one of the strictest relocation statutes in the country. The most important document — the petition itself — has no fill-in-the-blank form, and one missing paragraph can make it “legally insufficient” on its face.

Florida Statute § 61.13001  |  Parental relocation with a child

What Counts as “Relocation”

Not every move triggers the statute. Florida law § 61.13001(1)(e) defines “relocation” with two precise measurements, and both must be met:

• Distance: the new principal residence must be at least 50 miles from your residence as of the last order establishing or modifying time-sharing (or as of the filing of a pending case). This is a straight-line measurement — “as the crow flies” — not road miles. A move that’s 45 minutes by car can still be under 50 miles in a straight line, or over it.
• Duration: the change must be for at least 60 consecutive days. Temporary absences for vacation, education, or the child’s health care don’t count.

If your move clears both thresholds and there is a court order governing time-sharing, the statute applies — whether you’re moving across the state or out of the country, and whether you have majority or minority time-sharing.

Relocation Is Not the Same as a Modification

This is where self-represented parents most often go wrong. A regular modification uses Form 12.905(a) and asks the court to change the schedule. A relocation is its own statutory process with its own pleading, its own deadlines, and its own penalties for getting it wrong. You cannot relocate a child simply by filing a modification petition, and you cannot relocate first and ask permission later.

If your reason for wanting to change the schedule is a qualifying move, you are in relocation territory and § 61.13001 controls.

The Two Legal Paths

There are exactly two lawful ways to relocate with a child under Florida law:

Path 1: Relocation by Agreement

Under § 61.13001(2), if every parent and every other person entitled to time-sharing agrees, you can satisfy the statute with a written agreement that:

• Reflects consent to the relocation;
• Defines a time-sharing schedule for the non-relocating parent (and anyone else with time-sharing); and
• Describes transportation arrangements related to time-sharing, if needed.

If there is already a case or judgment about the child, you file the agreement and ask the court to ratify it. The court can do this without an evidentiary hearing unless one of the parties asks for a hearing, in writing, within 10 days of the agreement being filed. If no one asks, the court presumes the move is in the child’s best interest and can approve the agreement on the papers.

Path 2: The Petition to Relocate

If you don’t have full agreement, you must file a Petition to Relocate and serve it on the other parent and anyone else with time-sharing rights § 61.13001(3). The petition must be signed under oath (under penalty of perjury) and must contain all of the following:

1. The location of the new residence — state, city, and specific physical address, if known;
2. The mailing address of the new residence, if different and known;
3. The home telephone number of the new residence, if known;
4. The date of the intended move;
5. A detailed statement of the specific reasons for the move — and if a reason is a written job offer, the offer must be attached;
6. A proposed post-relocation time-sharing schedule and transportation arrangements; and
7. A specific all-capital-letters notice warning the other parent that they must object in writing within 20 days or the relocation may be allowed without a hearing.

Service. If there’s already a pending case, the petition can be served under the court rules. Otherwise it must be served under Florida’s service-of-process statutes (chapters 48 and 49) or by certified mail, restricted delivery, return receipt requested. You also have a continuing duty to update the information in the petition as it becomes known.

The 20-Day Objection Deadline

Once the petition is served, the other parent has 20 days to respond § 61.13001(3). What happens next depends entirely on whether they object in time:

For the parent receiving a petition, that 20-day window is unforgiving: miss it, and you may be treated as having consented to the move, even if you had strong grounds to object. If you’ve been served with a relocation petition, treat the deadline as the most urgent thing on your calendar.

How the Court Decides a Contested Case

In a contested relocation, there is no presumption for or against the move § 61.13001(7). The court weighs eleven statutory factors, including:

• The nature, quality, and duration of the child’s relationship with each parent and other significant people;
• The child’s age, developmental stage, needs, and the likely impact of the move;
• Whether a meaningful relationship with the non-relocating parent can be preserved through a substitute schedule, and how realistic that is;
• The child’s preference, considering age and maturity;
• Whether the move will enhance quality of life for the parent and child (financial, emotional, educational);
• The reasons each parent is seeking or opposing the move, and whether it’s sought in good faith;
• Each parent’s employment and economic circumstances;
• Whether the objecting parent has met support obligations;
• Career and other opportunities for the objecting parent if the move happens;
• Any history of substance abuse or domestic violence; and
• Any other factor bearing on the child’s best interest, including the § 61.13 factors.

If You Move Without Permission

Relocating a child without either a ratified agreement or a court order is among the most damaging mistakes a parent can make in a Florida family case. Under § 61.13001(3)(e), an unauthorized move subjects the relocating parent to:

• Contempt proceedings;
• An order compelling the return of the child;
• Being held against you as a factor in the relocation decision and in any modification of the parenting plan; and
• Liability for the other parent’s attorney’s fees, costs, and travel expenses incurred in responding or recovering the child.

In short: the move you made without permission can become the very reason you lose the relocation request — and time-sharing along with it.

Court Forms for Relocation

Relocation matters are filed in the circuit court with jurisdiction over the child — generally the county where the original order was entered or where a parent and the child reside. Below are the documents most commonly involved. Always pull current versions from the official Florida Courts forms library, and check whether your local Clerk publishes a relocation packet.

How to File, Step by Step

1. Confirm the move is actually a “relocation.” Measure 50 miles in a straight line from your current residence and confirm the move is for 60+ consecutive days. If it’s under either threshold, you’re likely looking at a modification, not a relocation.
2. Try for agreement first. If the other parent will consent, a signed, ratified agreement under § 61.13001(2) is faster, cheaper, and far less risky than litigation.
3. If no agreement, draft the Petition to Relocate. Include all seven statutory elements — especially the proposed post-move schedule and transportation plan. Sign it under oath. Attach any written job offer.
4. File with the Clerk of Court in the proper county and pay the filing fee (or apply for civil indigent status).
5. Serve the other parent and anyone else with time-sharing rights, by court rule, formal process, or certified mail/restricted delivery as the statute allows.
6. Wait out the 20-day window. No objection: you can ask the court for an expedited order on the papers. Objection filed: do not move — set the matter for hearing.
7. Prepare for the hearing. Relocation hearings get calendar priority (a temporary-relocation hearing within about 30 days; a non-jury trial within about 90 days of the notice). Organize your evidence around the eleven factors and good faith.
8. Submit the proposed Final Judgment (12.950(i)) and the Relocation/Long-Distance Parenting Plan (12.995(c)) if the court approves the move.

Frequently Asked Questions