Parental Relocation After Divorce in Florida: What the Law Says
After a divorce, life changes—and sometimes those changes include moving to a new city or even a different state. But if you’re a parent sharing custody, relocating with your child isn’t as simple as packing up and going. Florida law has specific rules governing parental relocation after divorce, and failing to follow them can jeopardize your parenting rights.
At Gisondo Law, we help parents navigate the legal steps of relocation while protecting their time with their children and their legal standing in court.
Florida’s 50-Mile Relocation Rule
Under Florida Statute 61.13001, any parent wishing to move more than 50 miles from their current residence for 60 days or more must either:
- Obtain written consent from the other parent (and anyone with time-sharing rights), or
- File a petition with the court and receive judicial approval before relocating.
Even if the move seems reasonable—like for a job or family support—skipping these steps can result in serious legal consequences, including a court order to return the child.
What Counts as a Substantial Change?
To approve a relocation request, the court must be convinced that the move represents a substantial change in circumstances and is in the best interest of the child. This includes:
- Better educational or economic opportunities
- Closer proximity to supportive family
- Improved housing or community safety
- Parental remarriage or employment changes
However, the burden is on the parent requesting the move to prove that the benefits outweigh the potential disruption to the current timesharing arrangement.
Required Notice and Legal Process
If written consent cannot be obtained, the relocating parent must file a petition to relocate and serve it to the other parent. The petition must include:
- Proposed new address and date of move
- Reason for relocation
- Proposed new time-sharing schedule
- Transportation arrangements for continued visitation
The other parent has 20 days to object. If they do, the case proceeds to court, where a judge will evaluate both sides and make a determination.
How Relocation Affects Parenting Plans
A relocation will likely require a modification of the existing parenting plan and time-sharing schedule. The court will consider:
- The child’s relationship with both parents
- Impact on the child’s development and stability
- Feasibility of maintaining ongoing contact with the non-relocating parent
- The reasons for and against the move
In many cases, relocation leads to fewer in-person visits and more digital communication, so crafting a detailed and enforceable parenting plan is key.
Conclusion:
If you’re considering moving with your child—or responding to a relocation request—don’t navigate it alone. Florida relocation laws are complex and time sensitive. At Gisondo Law, we help parents throughout Palm Beach Gardens and South Florida assert their rights and prioritize what matters most: their child’s future.
📞 Call us today at (561) 530-4568 or visit GisondoLaw.com to schedule a free, initial, in-office confidential consultation.