Note to editor: Florida law has strict rules about relocating with a child after a custody order is in place. If you are thinking about moving, or your co-parent just told you they are, you need to understand exactly what the law requires before anyone packs a single box.
If You Are Thinking About Moving, Read This First
You got a job offer in another city. Or your family is three states away and you need their support. Or you simply need a fresh start somewhere that is not tied to a painful chapter of your life. Whatever the reason, you are thinking about moving, and your child is part of the equation.
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¶ Here is the hard truth: in Florida, you do not get to just go. If you share custody under a court order, relocating with your child is not a personal decision you make on your own timeline. It is a legalprocess. And if you skip it, you will pay for it, in court, in credibility, and possibly in custody.
This is not meant to scare you. It is meant to arm you. Because the parents who get blindsided by relocation law are almost always the ones who assumed good intentions would be enough. They are not.
What Florida Law Actually Defines as Relocation
Florida Statute 61.13001 defines relocation very specifically. It is not just moving out of state. Relocation is any move that takes a child more than 50 miles from their current principal residence for more than 60 consecutive days. That 50 miles is measured in a straight line, not by driving distance, so a route that winds through side roads does not change the calculation. A temporary move for vacation or medical treatment does not count. But a move to a new city, a new county, or a new state absolutely does, even if it feels local to you.
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¶ That 50-mile threshold catches a lot of people off guard. You might think moving from Brandon to Gainesville is a personal choice. The law sees it as a relocation that requires either the other parent’s written consent or a court order. Period.
The Two Legal Paths: Agreement or Court Order
There are only two ways to lawfully relocate with your child in Florida.
Path One: Written Agreement. If the other parent agrees to the move, that agreement must be in writing, signed by both parties, and filed with the court. Once filed, either party has 10 days to request a hearing. If no one requests one within that window, the court will typically ratify the agreement by order, without a hearing, assuming it serves the child’s best interest. A text message does not count. A verbal promise does not count. Even a notarized letter between the two of you is not enough on its own. It has to go through the court and become part of a modified parenting plan.
Path Two: Court Petition. If the other parent does not agree, or you cannot reach them, you must file a petition to relocate. This is a formal legal filing, signed under oath, that triggers a court process. You do not get to move while that process plays out unless a judge specifically says you can. Once served, the other parent has 20 days to file a written objection. If they do not respond within that window, the court may grant the relocation without further hearing, unless doing so would clearly not serve the child’s best interest.
Note: The 20-day response window is established under Florida Statute § 61.13001 as of April 2025. Confirm current procedural requirements with an attorney before filing.
There is no Path Three. There is no “I moved and we will figure it out later.” That path leads directly to contempt of court.
What Has to Be in a Relocation Petition
If you are filing a petition to relocate, Florida law requires specific information. This is not a casual request; it is a sworn document, signed under oath, and the court treats it accordingly. The petition must include:
- The specific address and location where you intend to live
- The date you plan to move
- The reason for the relocation
- A proposed revised parenting plan that shows how the other parent will maintain a meaningful relationship with the child
- A proposed schedule for time-sharing, transportation, and how costs will be handled
Vague is not going to work here. “I am moving to be closer to family” without a complete address and a detailed plan will not get you far. Courts want specifics, and they want to see that you have genuinely thought through the impact on your child’s relationship with the other parent.
What the Judge Is Actually Weighing
Florida courts do not automatically approve or deny relocation, and they do not start with a presumption in either direction. There is no built-in advantage for the parent who wants to move or the parent who wants to stay. The process works in two steps.
First, the relocating parent must show, by a preponderance of the evidence, that the move is in the child’s best interest. If that burden is met, it shifts to the objecting parent to demonstrate why the relocation should not be allowed.
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¶ That phrase, best interest of the child, gets used a lot, but in relocation cases it has teeth. Factors the court considers include:
- Whether the move is likely to improve the quality of life for the parent and child
- The child’s relationship with both parents and the impact the move will have on that relationship
- Whether there is a pattern of promoting or undermining the co-parent relationship
- The child’s age, developmental needs, and ties to school and community
- Whether the relocation is motivated by a legitimate reason or by a desire to cut the other parent out
- The feasibility of preserving the relationship with the non-relocating parent
That last point is critical. If you have a history of interfering with the other parent’s time, that history will follow you into this courtroom. Judges remember patterns. Our child custody attorneys build relocation cases around documented facts, not hopes, and that documentation starts long before you ever file.
What Happens If You Move Without Permission
This is where people make career-ending mistakes in their custody cases. If you take your child and move without following the legal process, the consequences are severe and swift.
The other parent can file an emergency motion. A judge can order you to return immediately. You can be held in contempt of court. And under Florida Statute 61.13001, the unauthorized move itself is a specific factor the court must consider, one that can be used as evidence that you are unwilling to support the child’s relationship with the other parent. That is exactly the kind of conduct that causes judges to shift custody.
You might have the best reason in the world for wanting to move. That reason does not matter if you bypassed the process. Good intentions do not override court orders.
If Your Co-Parent Is Trying to Move Without Permission
If you just found out your co-parent is planning to take your child and relocate without going through the proper channels, you have options, but speed matters.
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¶ You can file an emergency motion to prevent the move before it happens. Once a child is gone and settled into a new school, a new life, and a new routine, courts become far more reluctant to disrupt that, even if the move was unlawful. Your window to act is now, not after the moving truck pulls away.
Document everything. Texts, emails, conversations, anything that shows you were not given proper notice and did not consent. That documentation becomes your legal foundation.
Relocation Is Not the End of the Road
Relocation cases are genuinely hard. They put real life, jobs, family, finances, fresh starts, in direct tension with a court order and a co-parenting relationship. There is no version of this that is painless. But there is a version that is handled strategically, legally, and in a way that protects your position with the court.
Whether you are the parent who wants to move or the parent who is trying to stop it, the outcome depends entirely on how prepared you are. Courts reward the parent who comes in organized, documented, and serious.
If you are facing a relocation dispute or preparing to file, talk to someone who has been through these cases and knows what judges in this area actually respond to. You can learn more about how we approach custody and relocation matters on our Family Law Services page, or call Brandon Legal Group directly to talk through where you stand.
Frequently Asked Questions
Can I move 40 miles away without notifying the other parent?
If the move is less than 50 miles measured in a straight line, it technically falls outside Florida’s relocation statute. However, your specific parenting plan may have its own notification requirements, and if your case was handled in Hillsborough County, it almost certainly does. The 13th Circuit’s standard parenting plan form requires each parent to notify the other in writing within 24 hours of any address change, regardless of distance. That obligation exists independently of the relocation statute. Always review your actual order before you move anywhere.
Note: This reflects the 13th Circuit’s standard parenting plan form as of April 2025. Local court forms and standing orders can change. Verify the current requirements with an attorney.
How long does a relocation case take in Florida?
It depends on whether the other parent objects and how complex the case is. An uncontested relocation with written agreement can move relatively quickly once paperwork is filed. A contested relocation that goes to hearing can take several months.
Does the child’s preference matter in a relocation case?
It can. Florida courts may consider the child’s preference depending on the child’s age and maturity. It is one factor among many, not a deciding one.
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What if I have sole custody, do I still need permission to relocate?
¶ Yes. Even if you have primary or sole custody, if the other parent has any court-ordered time-sharing rights, the relocation statute still applies. You cannot relocate without following the proper legal process.
Can a relocation petition be denied even if the move is for a good reason?
Absolutely. A legitimate reason for moving is necessary but not sufficient. If the court concludes that the relocation will significantly damage the child’s relationship with the other parent and that damage cannot be adequately offset by a revised time-sharing plan, the petition can be denied.