A new job, family support, remarriage, education, housing, or financial pressure may lead a parent to consider moving after separation or divorce. When a child is subject to a parenting plan or time-sharing arrangement, however, a move can affect much more than the parent’s address. It may change school, transportation, holidays, and the child’s ability to maintain a meaningful relationship with the other parent.
Florida has a detailed statute governing parental relocation with a child. A parent should not assume that giving informal notice is enough or that being the parent with more time-sharing creates an automatic right to move. The legal process depends on the distance and duration of the move, existing orders, agreements, and whether the other parent objects.
What Counts as Relocation Under Florida Law?
Florida Statutes section 61.13001 defines relocation for covered cases as a change in the principal residence of a parent or other person with the child of at least 50 miles from the relevant residence and for at least 60 consecutive days. Temporary absences for vacation, education, or the child’s healthcare are excluded from that definition.
Parents should obtain advice early—ideally before accepting a job, signing a lease, selling a home, or enrolling a child in a new school. Acting first and addressing legal requirements later can create serious consequences.
Relocation by Written Agreement
When everyone entitled to time-sharing or access agrees, Florida law allows relocation to proceed through a written agreement that satisfies statutory requirements. The agreement should reflect consent, establish the post-relocation time-sharing schedule, and describe transportation arrangements when necessary.
If an existing case, judgment, or order addresses the child’s residence or time-sharing, the parties generally seek court ratification. A handshake or informal text-message exchange is not a safe substitute for a complete, enforceable agreement.
The revised plan should address school-year time, holidays, travel costs, pickup locations, virtual communication, and the child’s activities.
When the Other Parent Does Not Agree
Without a qualifying agreement, the parent seeking to relocate must file a petition and properly serve the other parent and anyone else legally entitled to time-sharing or access. Florida law specifies information that must be included, such as the intended location, proposed moving date, detailed reasons, and a proposed revised time-sharing and transportation plan.
The statute contains specific notice language and deadlines. Because timing and service are critical, both parents should seek legal advice immediately after a proposed move or petition becomes known.
Moving without following the required process can lead to an order returning the child, contempt proceedings, attorney’s fees, and negative consequences in later parenting decisions. A parent should not treat relocation as a situation in which permission can be requested after the move.
How Courts Evaluate a Contested Relocation
Florida law does not create an automatic presumption for or against relocation when the move would materially affect the current schedule. The court evaluates statutory factors and the child’s best interests.
Those considerations include the child’s relationship with each parent and other important people, the child’s age and developmental needs, the impact on education and emotional development, and whether a meaningful relationship with the nonrelocating parent can be preserved. The court may examine the feasibility and cost of transportation, substitute time-sharing, virtual communication, and each parent’s likely compliance.
Other factors include each parent’s reasons, economic circumstances, employment opportunities, good faith, the child’s preference when appropriate, and any history of domestic violence or substance abuse. The parent proposing relocation has the initial statutory burden, so the evidence should address the child’s life, not merely the benefit to the moving parent.
Building a Practical Post-Relocation Plan
A strong proposal explains how the child will maintain frequent, continuing, and meaningful contact with the other parent when appropriate. It should be specific about travel and realistic about the child’s age, school calendar, and tolerance for long trips.
Instead of frequent short visits that require substantial travel, a long-distance plan may use longer blocks during summer and school breaks. The plan can establish regular video calls, access to school and medical information, attendance at activities, and procedures for scheduling travel.
The proposal should identify who books travel, who accompanies a younger child, how expenses are divided, and what occurs when travel is delayed.
Evidence That May Matter
A relocation case may involve employment offers, housing information, school comparisons, childcare plans, family-support networks, medical resources, travel schedules, financial records, and evidence of each parent’s involvement. General claims that one location is “better” are less useful than specific, reliable information.
Parents should avoid pressuring the child to choose sides. The court evaluates the child’s best interests, and involving a child in adult litigation can create emotional harm.
Temporary Relocation and Court Scheduling
Florida law permits courts to consider temporary relief while a relocation case is pending, subject to statutory findings. A temporary order does not guarantee the final outcome. The statute gives relocation matters priority for hearings or trial under specified circumstances because delay can affect housing, employment, and school decisions.
Do not rely on assumptions about how quickly a case will be heard. Filing requirements, evidence, service, local procedures, and court availability can affect the timeline.
Relocation cases combine strict procedures with fact-specific decisions about a child’s future. Early planning can help a parent present a workable proposal or respond effectively to a requested move.
Peter Raimondi represents clients in Lighthouse Point and throughout Broward County in divorce, parenting, time-sharing, and relocation matters. Call Raimondi Law at
(954) 281-7030 to discuss a proposed move, an objection, or a modification of an existing parenting plan.
This article is for general informational purposes and is not legal advice. Florida relocation law contains specific requirements and deadlines. Reading this article does not create an attorney-client relationship. 
