Relocation and Child Custody in Florida: What Parents Need to Know
When one parent wishes to relocate after a divorce or custody agreement, the situation can quickly become complex—especially when minor children are involved. In Florida, relocation is treated as a significant change that can impact time-sharing, parental responsibility, and the child’s overall well-being.
If you’re a parent considering relocation, or facing a situation where the other parent plans to move, understanding Florida’s laws on parental relocation is essential.
What Qualifies as Relocation?
Under Florida Statute 61.13001, relocation is defined as a move that is:
- More than 50 miles from the child’s current primary residence
- For a period of 60 consecutive days or more (excluding vacations or temporary absences)
This statute applies regardless of whether the move is within Florida or to another state.
Consent or Court Approval Is Required
If both parents agree to the relocation, they can sign a written agreement that includes:
- Consent to the move
- A revised time-sharing schedule
- Transportation arrangements for visitation
This agreement must be submitted to the court for approval. If both parents do not agree, the relocating parent must file a Petition to Relocate with a Minor Child, formally requesting court permission to move.
You can learn more about the custody process on our Child Custody page.
Key Factors the Court Considers
When deciding whether to approve a relocation, the court evaluates whether the move is in the best interests of the child. Factors include:
- The reasons for the move (job opportunity, family support, education, etc.)
- The impact on the child’s emotional, educational, and social stability
- The feasibility of maintaining a meaningful relationship with the non-relocating parent
- The child’s preference, if mature enough
- Whether the move will enhance the quality of life for both the parent and child
It’s important to note: The burden is on the relocating parent to prove that the move is in the child’s best interest.
What Happens If a Parent Relocates Without Permission?
Moving more than 50 miles away without a court-approved agreement can have serious legal consequences, including:
- Being held in contempt of court
- Loss of time-sharing rights
- Possible changes in parental responsibility
To avoid these outcomes, it’s crucial to follow proper legal procedures.
Modifying the Parenting Plan
Relocation often requires a modification of the existing parenting plan. This includes updating:
- Time-sharing schedules
- Transportation logistics
- Communication methods between the child and the non-relocating parent
Florida courts emphasize preserving the relationship between the child and both parents whenever possible, even after relocation.
Final Thoughts
Relocation and child custody are sensitive legal matters. Whether you’re planning to move or responding to a relocation request, understanding Florida law—and acting through the proper channels—is critical to protecting your rights and your child’s well-being.
📄 For the full legal requirements, visit the Florida Statute 61.13001.
If you live in the Florida Counties of Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough Board Certified Family Attorney Grant Gisondo can help. If you have questions or would like to make a free, initial, in-office (Palm Beach Gardens) consultation please call his office at 561-530-4568. You can learn about Attorney Gisondo and his family law practice by visiting his website https://gisondolaw.com.