Relocating with a Child in Florida — The 50-Mile Rule, Filing Requirements & Court Process
Florida has strict relocation laws governing when a parent wants to move with a child more than 50 miles from their current residence. Under Florida Statute §61.13001, you must either get written consent from the other parent or petition the court for permission. Understanding these requirements is critical to avoid serious legal consequences — including being ordered to return.
Florida's Relocation Statute
Under Florida Statute §61.13001, a parent who wants to move more than 50 miles from their current principal residence for more than 60 consecutive days must either obtain written agreement from the other parent or petition the court for permission. This applies regardless of whether the move is within Florida or out of state.
Required Notice to the Other Parent
The relocating parent must provide written notice to the other parent at least 60 days before the intended move. The notice must include the intended new address, the date of the move, the reason for the move, and a proposed revised timesharing schedule. If the other parent does not object within 20 days, the court may allow the relocation.
What the Court Considers
When deciding whether to allow relocation, the court considers:
- The nature, quality, and extent of the child's relationship with both parents
- The age and needs of the child
- The feasibility of preserving the relationship with the non-relocating parent
- The child's preference (if old enough)
- Whether the relocation will enhance quality of life for parent and child
- The reasons for and against the move
- The career and economic opportunities motivating the move
- Whether the relocating parent has a history of compliance with court orders
Consequences of Unauthorized Relocation
Moving without proper notice or court approval is a serious violation. The court can order the parent to return, modify timesharing in favor of the non-relocating parent, hold the relocating parent in contempt, and award attorney's fees. Unauthorized relocation can severely damage your credibility with the court.
Real-World Scenarios
Parent receives a job offer in another state
A legitimate job opportunity can support a relocation petition, but it must be weighed against the impact on the child's relationship with the other parent. You should present evidence of the career opportunity, how it benefits the child, and a detailed plan for maintaining the other parent's relationship.
Parent wants to move closer to family for support
Family support is a legitimate reason, but the court will weigh it against the child's existing relationships and stability. Moving closer to grandparents who can provide childcare may be compelling, especially if the other parent has limited involvement.