Under Florida law, you may relocate with a child only if the move meets the 50 mile / 60 day relocation test and you either sign a written relocation agreement the court ratifies or file a legally sufficient petition and win permission from a judge. There’s no third option. Move first and ask permission later, and you risk contempt, a forced return order, and a judge who no longer trusts your judgment on anything else in the case.
TL;DR:
- A move triggers Florida’s relocation law only if it is at least 50 miles from the prior residence and lasts 60 or more consecutive days, with exceptions for temporary stays.
- Filing a clear, detailed petition or securing a properly drafted written agreement are the lawful paths, with agreements needing specific language on time-sharing and transportation.
- Objections must be filed within 20 days and must specify factual reasons; missing this window allows the court to approve the move automatically.
- Courts consider the quality of each parent’s relationship, the child’s needs, and the practicality of the proposed schedule when disputes arise.
- Moving without court approval risks immediate return, contempt, custody or support modification, and negative impact on credibility in future proceedings.
What Counts as “Relocation” Under Florida’s Child Relocation Law?
Florida Statute §61.13001 sets a precise, two-part test. A move only triggers the statute when it is both 50 miles or more from your principal residence at the time of your last time-sharing order (or when the case was filed) and lasts 60 consecutive days or longer. Miss either threshold and the statute simply doesn’t apply.
The law also carves out several exceptions that surprise a lot of parents. A summer at grandma’s house out of state, a semester abroad, or a stretch of medical treatment at a specialty hospital in another city doesn’t count as relocation if it’s genuinely temporary. The anchor point matters too: courts measure distance from where you lived when the last order was entered, not from where you happen to live today.
A few examples make this concrete:
- Moving from Tampa to Orlando (about 80 miles) for a new job, staying indefinitely: relocation.
- Moving three blocks away in the same Pinellas County neighborhood: not relocation, regardless of the reason.
- Taking your child to Georgia for six weeks of specialized medical care, then returning: not relocation under the temporary absence exception.
- Accepting a permanent transfer to Jacksonville from Hillsborough County: relocation, triggering the full statutory process.
Should You Negotiate an Agreement or File a Petition?
Once you know your move qualifies as relocation, you have two lawful paths, and picking the wrong one wastes months. Florida law recognizes a written relocation agreement between parents as a valid substitute for a contested court battle, but it has to be built correctly.
- Written relocation agreement. If the other parent, and every other person with time-sharing or access rights, agrees to the move, you can put that consent in writing, define a specific postrelocation time-sharing schedule, and spell out transportation arrangements. The court still has to ratify it. Skip a detail and you may end up like the parents in a recent Third District Court of Appeal case, where an appellate panel reversed a ratified agreement because it never nailed down time-sharing or transportation specifics.
- Petition to relocate. When there’s no agreement, when consent feels coerced, or when the other parent flatly opposes the move, you file a petition and let the court decide.
The agreement route is faster and cheaper when both parents genuinely cooperate. The petition route takes longer and costs more, but it’s the only realistic option when trust has broken down or one parent won’t sign anything.
How Do You File a Petition to Relocate in Florida?
A relocation petition lives or dies on its details. Florida Supreme Court Form 12.950(d) is the primary vehicle, and its own instructions warn that failing to secure a court order before moving renders the whole filing legally insufficient after the fact. Many counties, including the Hillsborough County petition packet (Packet #39), bundle the petition with the required parenting plan forms, a UCCJEA affidavit, and sample notices so you’re not hunting for pieces separately.
Under §61.13001(3)(a), a legally sufficient petition must include:
- The specific new residence address, or the closest available information if it isn’t finalized yet.
- The exact date you plan to move.
- Detailed, specific reasons for the relocation. Vague statements like “better opportunities” invite objections and delay.
- A proposed postrelocation time-sharing schedule with actual dates and duration, not a general promise to “work it out.”
- A concrete transportation plan: who drives, who flies, who pays, and where exchanges happen.
- Financial disclosures relevant to the move and its effect on support obligations.
You must serve every person entitled to access or time-sharing, which sometimes includes grandparents or other relatives under a court order, not just the other parent. Once served, the clock starts on a strict 20-day verified objection window.
The most common reason petitions get rejected or reversed on appeal isn’t a missing signature. It’s vagueness in the time-sharing schedule and transportation section.
Pro Tip: Draft your transportation plan the way you’d write instructions for a stranger to follow: exact drop-off points, exact times, and who pays for gas or airfare. Judges want a plan they can sign and enforce without guessing.
What Happens if You Don’t Object Within 20 Days?
If you’re the parent being asked to accept a move you don’t want, the calendar matters more than almost anything else in your case. Florida law requires a verified objection filed within 20 days of service, and that document has to do real work, not just say “I object.”
A sufficient objection generally states:
- The specific factual basis for opposing the move, tied to the child’s actual routine, schooling, or relationships.
- Your level of involvement and time-sharing history with the child, since courts weigh how active a parent has actually been.
- Any concerns about the relocating parent’s motives, stability, or the accuracy of claims in the petition.
Here’s the part that catches parents off guard: if you miss the 20-day deadline, the statute creates a presumption that the relocation is allowed. The court can enter an order adopting the petition’s proposed schedule without ever holding an evidentiary hearing. There’s no grace period built into the statute for “I meant to file but got busy.” If a parent files an objection on time, the case typically proceeds to mediation, then a temporary hearing if urgent relief is needed, and eventually trial if the parents can’t settle.
What Factors Do Florida Courts Weigh in Contested Relocation Cases?
When a petition is contested, judges don’t just pick whichever parent sounds more sympathetic. Section 61.13001 lists specific factors, and the court must issue written findings addressing them.
- The nature and quality of each parent’s relationship with the child, including history of involvement in school, medical, and extracurricular decisions.
- The child’s age, developmental needs, and likely impact of the move, especially for school-age children with established routines.
- The feasibility of preserving the relationship with the nonrelocating parent, judged largely by whether the proposed time-sharing and transportation plan is realistic.
- The child’s preference, weighed according to age and maturity, not treated as decisive on its own.
- Whether the relocation improves the general quality of life, financially or otherwise, for both the relocating parent and the child.
- Reasons for seeking or opposing the move, including any history of hiding the relocation or acting in bad faith.
- Any history of domestic violence or abuse, which can heavily override other factors.
- Each parent’s financial ability to comply with the new time-sharing plan.
Transportation feasibility and the quality of the proposed schedule tend to be decisive more often than parents expect, because they’re the factors judges can evaluate with hard evidence rather than competing narratives. Bring school records, employer letters confirming the job offer and schedule, and a written cost breakdown for flights or driving distance. Vague testimony rarely beats a documented plan.
Can You Get Temporary Permission to Relocate Before Trial?
Sometimes a job starts before a final hearing can happen, and the statute does allow for temporary relocation when a parent shows good cause and a likelihood of ultimately succeeding on the merits. It’s not automatic. Courts still weigh the risk to the child and the nonrelocating parent’s access.
Florida’s relocation statute builds in priority scheduling specifically because these cases involve tight timelines:
- Temporary hearings are supposed to happen promptly after the motion is filed, and nonjury trials receive scheduling priority within a reasonably short time, absent good cause for delay.
- Courts may impose conditions on a temporary order, like requiring a bond, security, or a strict interim visitation and transportation schedule to protect the nonrelocating parent’s access while the case proceeds.
If you need to move fast, ask your attorney about pairing a temporary relocation motion with a bond or security proposal. It reduces the court’s perceived risk and often speeds approval.
What Are the Legal Risks of Moving Without Court Permission?
Relocating before you have either a ratified agreement or a court order isn’t a paperwork technicality you can fix later. It’s a legal exposure.
- A court can order the child’s immediate return to Florida.
- You can face contempt of court, including fines or, in serious cases, custody consequences.
- The other parent can seek attorney’s fees for having to fight an unauthorized move.
- The court may modify time-sharing, sometimes shifting primary custody away from the relocating parent.
- Support obligations may be adjusted to account for new transportation costs.
- If the child ends up in another state, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) lets Florida orders be registered and enforced there, so leaving the state doesn’t put you outside the court’s reach.
Courts also remember. A bad-faith move tends to color how a judge views that parent’s credibility in every later dispute over the parenting plan.
What Should You Attach to Your Relocation Petition or Agreement?
Before you file anything, assemble the paperwork so your petition doesn’t bounce back for missing pieces.
- Forms: Petition Form 12.950(d), Relocation/Long Distance Parenting Plan Form 12.995©, UCCJEA affidavit (Form 12.902(d)), financial affidavit (Form 12.902(b) or ©), and a certificate of compliance (Form 12.932).
- Housing and employment proof: lease or purchase agreement, offer letter, or transfer notice showing the new job’s start date and location.
- School records: enrollment confirmation at the new school and current records from the child’s existing school.
- Proposed parenting plan: specific dates, exchange locations, and holiday schedule, not general language.
- Transportation cost estimates: flight quotes, mileage calculations, or shared-cost proposals.
- Witness declarations: statements supporting your reasons for the move or your objection to it.
Pro Tip: Make two extra copies of everything you file, one for your records and one in case the clerk requests a working copy, and keep dated proof of service for every document you send to the other parent.
How Foley Family Law Supports Parents Through Relocation Cases
Relocation cases are unforgiving on the details. A petition missing a transportation plan or an agreement missing a time-sharing schedule can get reversed on appeal, as the Third DCA’s ruling shows. Foley Family Law helps parents draft agreements and petitions that meet every statutory content requirement, represents clients at temporary hearings when timing is tight, and advises on the appellate risks that come from cutting corners. Some straightforward, fully cooperative agreements may work without full representation. Contested moves rarely do.
What Parents Get Wrong About Relocation Cases
The mistakes we see most often aren’t complicated. They’re a parent who moves before the order is signed, an agreement that says “we’ll figure out visitation” instead of naming actual dates, or a nonrelocating parent who lets the 20-day window slip by while trying to negotiate informally. Each one is preventable.
Plan the move before you file anything. Put transportation and scheduling terms in writing, in detail, even when things feel amicable. And if you’re served with a petition, treat the 20-day clock as absolute, not a suggestion.
— Foley Family Law
Get Help With Your Florida Relocation Case
A DIY petition packet can get the paperwork started, but relocation cases are won or lost on details a first-time filer often misses, like whether your transportation plan gives a judge something concrete to sign. Experienced family law attorneys can provide valuable assistance in contested and uncontested family law matters, especially given the local courtroom procedures relevant to Hillsborough, Pinellas, and Pasco counties.
Visit the firm’s custody practice page to see how relocation, time-sharing, and parenting plan matters are handled, or read what family law attorneys actually do if you’re deciding whether to hire counsel at all. Parents weighing a cooperative path might also review why a collaborative divorce approach can reduce conflict when relocation is one piece of a larger family law matter. If your move affects support or income, the firm’s guidance on modifying child support is worth reading before you file. When you’re ready, schedule a consultation so an attorney can review your specific timeline, agreement, or petition before a deadline passes.
This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
Sources
- Chapter 61 Section 13001 – 2026 Florida Statutes – The Florida Senate
- Third District Court of Appeal opinion (Opinion_2025-1642.pdf)
- PETITION TO PERMIT RELOCATION WITH MINOR CHILD(REN) (Packet #39)
FAQ
Can I Relocate With My Child in Florida Without the Other Parent’s Consent?
Only if you obtain a court order granting your petition; without either a ratified agreement or a court order, moving 50 miles or more for 60 or more days violates §61.13001 and can lead to contempt or a forced return.
What Is the 50 Mile Rule in Florida Custody Cases?
It’s the distance threshold in Florida’s relocation statute: a move must be at least 50 miles from your principal residence at the time of the last order, and last 60 consecutive days or more, before the relocation requirements apply.
How Far Can a Parent Move With a Child Without Triggering the Statute?
Any move under 50 miles from the residence on file with the court, regardless of duration, falls outside the relocation statute’s requirements, though it can still affect an existing parenting plan’s practical logistics.
Does Florida Offer Relocation Assistance to Parents?
Florida doesn’t provide financial relocation assistance; the statute instead provides a legal process, including agreements, petitions, and court-ordered transportation terms, for parents to follow when one wants to move with a child.
What Happens if the Other Parent Doesn’t Respond to My Relocation Petition?
If no verified objection is filed within 20 days of service, the court can presume the relocation is allowed and may enter an order adopting your proposed schedule without a hearing.
