Relocating with a Child After Divorce in Florida

If you share custody or time-sharing of a child in Florida and want to relocate, you cannot simply pack up and move. Florida Statutes Section 61.13001 imposes strict requirements on any parent seeking to relocate more than 50 miles from their current principal residence. Failure to follow these requirements can result in contempt of court, attorney’s fees, and even a change of custody.

Florida’s relocation statute is one of the most detailed in the country. It defines what constitutes a relocation, requires formal notice and a petition, assigns the burden of proof, and lists 11 specific factors the court must weigh when deciding whether to permit the move. This article walks through each element so you understand what the process requires.

What Counts as a Relocation Under Florida Law

Under FL Stat 61.13001(1)(e), a “relocation” means a change in the principal residence of a parent or other person with time-sharing that is at least 50 miles from the current principal residence, for a period of at least 60 consecutive days. The distance is not measured from the other parent’s home — it is measured from the relocating parent’s current residence.

Temporary absences for vacation, education, or medical treatment do not qualify as relocation. However, if a temporary absence stretches beyond 60 days and takes the child more than 50 miles away, it may trigger the statute’s requirements.

Short-distance moves within the 50-mile radius do not require court approval under this statute, though they could still affect the practical operation of an existing time-sharing schedule. If a move within 50 miles makes the current schedule unworkable, either parent can file a modification petition.

Consent vs. Contested Relocation

Florida’s statute creates two distinct paths depending on whether the other parent agrees to the move.

When the Other Parent Consents

If both parents agree to the relocation, they can file a written agreement with the court that includes:

• The consent of both parents (and any other person entitled to time-sharing)
• A revised time-sharing schedule
• A revised child support arrangement if applicable
• The new address and contact information

The court will generally approve an agreed relocation as long as the agreement is in the child’s best interests. The process is faster and far less expensive than a contested case.

When the Other Parent Objects

If the other parent does not consent, the relocating parent must file a petition to relocate and obtain a court order before moving. Moving before the court rules is a violation of the statute and will be held against you.

The Petition Requirement

The parent seeking relocation must file a petition with the court that includes specific information required by the statute:

• The intended new address, including the state, city, and specific physical location
• The date of the intended move
• A detailed statement of the specific reasons for the relocation
• A proposed revised time-sharing schedule, including transportation arrangements
• A proposed revised child support arrangement if the relocation will affect support
• The relocating parent’s current income and employment information

The petition must be served on the other parent and any other person entitled to time-sharing. The non-relocating parent then has 20 days to file a response. If no timely objection is filed, the court may grant the relocation without a hearing, provided it finds the relocation is in the child’s best interests.

Temporary vs. Permanent Relocation

While the statute primarily addresses permanent relocations, temporary relocations that exceed 60 consecutive days and 50 miles are also covered. A parent accepting a temporary work assignment in another state, for example, must comply with the statute even if they intend to return.

Courts may impose different conditions for temporary relocations than permanent ones. A temporary relocation might include a defined return date, while a permanent relocation requires a comprehensive restructuring of the time-sharing arrangement.

If a temporary relocation becomes permanent, the relocating parent must file a new petition or amend the original one. Allowing a “temporary” move to become permanent without court approval is treated the same as an unauthorized relocation.

Burden of Proof

Florida places the initial burden of proof on the parent seeking to relocate. Under FL Stat 61.13001(8), the relocating parent must establish by a preponderance of the evidence that:

1. The relocation is made in good faith
2. The relocation is in the best interest of the child

“Good faith” means the move is motivated by a legitimate purpose — such as a job opportunity, proximity to family support, or a new spouse’s employment — and is not primarily intended to interfere with the other parent’s relationship with the child.

If the relocating parent meets this burden, the non-relocating parent must then demonstrate that the proposed relocation is not in the child’s best interest. This shifting burden means that the quality of each parent’s evidence and presentation matters significantly.

The 11 Statutory Factors

FL Stat 61.13001(7) requires the court to evaluate 11 specific factors when deciding a contested relocation:

1. The nature, quality, extent, and duration of the child’s relationship with each parent and with other significant persons in the child’s life
2. The age and developmental stage of the child and the likely impact of the relocation on the child’s development
3. The feasibility of preserving the relationship with the non-relocating parent through substitute time-sharing arrangements, taking into account transportation costs and logistics
4. The child’s preference, considering the child’s age and maturity
5. Whether there is an established pattern of conduct by the relocating parent to promote or thwart the child’s relationship with the non-relocating parent
6. Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including financial improvement, emotional benefit, and educational opportunity
7. The reasons each parent gives for seeking or opposing the relocation
8. The current employment and economic circumstances of each parent and whether the proposed relocation would provide an economic or emotional benefit
9. Whether the relocation is sought in good faith and whether the objection is made in good faith
10. The career and other opportunities available to the non-relocating parent if the relocation is allowed
11. Any other factor affecting the best interest of the child

No single factor is dispositive. Courts weigh all 11 factors together and issue findings based on the totality of the evidence. In practice, factors 3, 5, and 6 — preserving the non-relocating parent’s relationship, the relocating parent’s track record on co-parenting, and the quality-of-life improvement — tend to receive significant attention.

What Happens at the Hearing

If the relocation is contested, the court will hold an evidentiary hearing. Both parents can present testimony, call witnesses, and introduce documents. Common evidence in relocation hearings includes:

• Employment offers or transfer letters
• Housing information in the proposed new location
• School comparisons between the current and proposed locations
• Expert testimony on the child’s adjustment and needs
• Evidence of each parent’s co-parenting history
• A detailed proposed time-sharing schedule with transportation logistics and costs

The court may also appoint a guardian ad litem to investigate and make a recommendation, particularly in cases with conflicting evidence about the child’s best interests.

After weighing the evidence and the 11 statutory factors, the judge will issue an order granting or denying the relocation. If granted, the order will include a revised time-sharing schedule and may address transportation costs, communication methods, and other practical details.

For a broader overview of relocation custody law across the country, see our national guide on relocating with your child after divorce.

What to Do Next

If you are considering a relocation in Florida or responding to one, take these steps:

1. Read the statute. Review FL Stat 61.13001 carefully. Understanding every requirement before you act prevents costly mistakes.
2. Review your existing custody order. Check whether your current order already addresses relocation or contains geographic restrictions.
3. Document your reasons. If you are the one seeking to relocate, gather evidence supporting each of the 11 statutory factors — job offer letters, school information, family support in the new location, and a proposed time-sharing schedule.
4. Prepare a substitute time-sharing plan. Courts want to see that you have a specific, realistic plan for preserving the child’s relationship with the other parent. Include transportation details, costs, and a communication schedule.
5. Consult a Florida family law attorney. Relocation cases are among the most heavily litigated custody matters in Florida. An experienced attorney can evaluate your circumstances and guide you through the petition or response process. Schedule a free consultation to discuss your options.

Frequently Asked Questions

Can I move to another state with my child?

Moving with a child typically requires either the other parent’s consent or court approval. Most states require advance written notice — often 30 to 90 days. The court will evaluate whether the move is in the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the other parent, and the proposed visitation schedule.

What happens if I move without court approval?

Relocating without proper notice or court approval can result in contempt of court charges and may negatively affect your custody case. The court could order you to return the child and may modify custody in favor of the other parent.

Do courts favor mothers over fathers in custody cases?

Legally, no. Modern family law requires courts to evaluate custody based on the child’s best interests without regard to the parent’s gender. While historical bias existed, courts today increasingly award shared custody to both parents when both are fit and involved.

What can fathers do to strengthen their custody case?

Fathers should stay actively involved in their children’s daily lives, attend school events and medical appointments, maintain a safe and stable home, document their involvement, and avoid conflict with the other parent. Consulting a family law attorney early can help develop the strongest case.