Florida controls when a parent may move a child’s residence away from the other parent. Section 61.13001, Florida Statutes, governs. It applies whether the move is framed as an opportunity, a necessity, or simply a decision already made.
What the Statute Covers
The statute defines relocation narrowly. Two conditions both have to be true: the new residence is at least 50 miles from the parent’s residence at the time of the last order on time-sharing, and the change lasts at least 60 consecutive days. Temporary absences do not count, including a vacation, a school program, or medical treatment. A move of 49 miles falls outside the statute regardless of how disruptive it is in practice. The threshold is a bright line, not a judgment call.
Relocation by Agreement
If every parent and every other person with time-sharing rights agrees, the statute allows a written agreement: consent to the move, a revised access schedule, and transportation arrangements if needed. Filed with the court, it can be ratified without a hearing unless someone requests one within 10 days.
Relocation by Petition
Without agreement, the parent seeking to move must file a petition. The petition is sworn, not narrative. It must state the new address, the moving date, the specific reasons for the move, with any written job offer attached, and a proposed revised time-sharing and transportation schedule. A petition missing the proposed schedule is legally insufficient on its face.
The other parent then has 20 days to file a sworn objection. Silence is not neutral. If no timely objection is filed, the statute presumes the relocation is in the child’s best interest, and the court enters an order adopting the petition’s terms, often without a hearing. If an objection is filed, the relocation does not happen until a temporary hearing or trial authorizes it.
What the Court Weighs
No presumption runs in either direction once a relocation is contested. The court works through a fixed list of factors: the child’s relationship with each parent and with siblings and other significant people in the child’s life; the child’s age and developmental needs; whether the relationship with the non-relocating parent can be preserved through a substitute schedule, and whether that schedule is realistic given distance and finances; the child’s preference, weighed by age and maturity; whether the move improves quality of life for the child and the relocating parent; each side’s reasons for seeking or opposing the move; each parent’s employment and economic circumstances; whether the relocating parent has met existing support and property obligations; the opportunities available to the objecting parent if the move goes forward; and any history of domestic violence or substance abuse under the statutes the section cross-references.
Who Carries the Burden
The parent seeking to relocate carries the burden first: proving by a preponderance of the evidence that the move serves the child’s best interest. If that burden is met, it shifts to the objecting parent to show the move does not.
What Happens Without Compliance
Relocating a child outside these procedures exposes the relocating parent to contempt, an order compelling the child’s return, and liability for the other parent’s fees and costs. The court can also weigh the noncompliance itself when it later decides the relocation question or any modification of the parenting plan.
Why the Timeline Moves Fast
Relocation cases move on the court’s calendar faster than most family law matters. The statute requires priority scheduling, with a hearing on a temporary relocation motion generally within 30 days. Whether a parent is planning the move or has received a petition, the response window is short and the sworn pleading requirements are exacting.
Allyson Hughes is Board Certified in Marital and Family Law by the Florida Bar.
Source: § 61.13001, Fla. Stat. (2024), The Florida Senate.