Can I move with my child without the other parent's permission in Florida?

No. Under Florida Statute 61.13001, if you're moving more than 50 miles from your current residence for 60+ days, you need either the other parent's written consent or court permission. Moving without permission can result in contempt charges, being ordered to return the child, and potential loss of custody.

What is the 50-mile rule for relocation in Florida?

Florida's relocation statute (F.S. 61.13001) applies when you're moving your principal residence more than 50 miles from your current home for at least 60 consecutive days. The 50 miles is measured as a straight line (as the crow flies), not driving distance.

What happens if the other parent objects to my relocation in Florida?

If the other parent files a written objection within 20 days, you cannot relocate until the court rules. The court will schedule an evidentiary hearing where you must prove the relocation is in good faith and in the child's best interest. The other parent doesn't have to prove anything—the burden is entirely on you.

How long does a relocation case take in Florida?

If the other parent consents, relocation can be approved in 2-3 months. If they object, contested cases typically take 4-6+ months due to mediation, an evidentiary hearing, and the court's decision. You must provide at least 60 days notice before your intended move date.

Florida Relocation Petition: Moving 50+ Miles with Your Child (2026 Guide)

Florida's Strict Relocation Law: What You Need to Know

Critical Warning: Florida Statute 61.13001 is one of the strictest relocation statutes in the country. Non-compliant petitions are routinely denied—and there are no second chances.

If you're planning to move more than 50 miles with your child, this guide explains exactly what you must do to comply with Florida law.

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What Counts as "Relocation" in Florida?

Under Florida Statute 61.13001, relocation means:

Moving your principal residence more than 50 miles from your current home
For at least 60 consecutive days
NOT including temporary absences for vacation, education, or health care

The 50-Mile Rule

The 50 miles is measured from:

Your current principal residence
To your proposed new residence
As the crow flies (straight line distance)

Important: Even if the new location is "close" in drive time, if it's more than 50 miles by straight line, you need court permission or written consent.

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The Two Paths to Relocation

Path 1: Other Parent Consents (Written Agreement)

If the other parent agrees in writing to the relocation:

Draft a written agreement specifying:

- New address

- New time-sharing schedule

- Transportation arrangements

Both parents sign the agreement

File the agreement with the court

Obtain a court order adopting the agreement

This is the fastest and least expensive option.

Path 2: Other Parent Doesn't Consent (Petition Required)

If the other parent doesn't agree, you must:

File a Petition to Relocate

Serve the other parent with proper notice

Wait for their response (20 days to object)

Attend mediation and/or trial

Obtain court permission before moving

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Strict Requirements for the Relocation Petition

This is where most people fail. Florida law requires your petition to include specific mandatory elements. Missing any element can be fatal to your case.

Required Contents (F.S. 61.13001)

Your Petition to Relocate MUST include:

Description of the intended new residence - Specific address, not just city/state

Date of intended move - When you plan to relocate

Detailed reasons for relocation - Job opportunity, family support, etc.

Proposed revised time-sharing schedule - Specific new parenting plan

Proposed transportation arrangements - How the child will travel for visits

Designation of method of communication - How the other parent will stay in contact

Statement that you're exercising good faith - Not relocating to interfere with the other parent's relationship

What Happens If Your Petition Is Defective?

Courts can and do deny relocation petitions that fail to comply with the statute—even if the move would actually benefit the child.

Example defects that kill petitions:

Vague new address ("somewhere in Georgia")
No specific proposed time-sharing schedule
Missing transportation plan
Failure to address communication with other parent

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The Notice Requirements

Written Notice Obligations

You must provide the other parent with notice:

When: At least 60 days before the intended move
How: By certified mail, return receipt requested (or hand delivery)
What: A copy of the Petition to Relocate

What If It's an Emergency?

If you must relocate on less than 60 days notice (rare circumstances), you must:

Explain the emergency in the petition
File an emergency motion
Still comply with all other requirements

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What Happens If the Other Parent Objects

The 20-Day Objection Period

After receiving notice, the other parent has 20 days to file a written objection with the court.

If They Object

You cannot relocate until the court decides

The court will schedule an evidentiary hearing

You bear the burden of proof that the move is:

- In good faith, AND

- In the child's best interest

Factors the Court Considers (F.S. 61.13001(7))

At the hearing, the court must evaluate the statutory factors in F.S. 61.13001(7):

Nature, quality, and extent of each parent's relationship with the child
Age and developmental stage of the child
Child's preference (if of sufficient age and maturity)
Whether relocation will enhance quality of life for parent and child
Reasons for seeking or opposing the relocation
Career and economic opportunities
History of domestic violence, child abuse, or substance abuse
Feasibility of preserving the relationship with the non-relocating parent
Any other factor affecting the best interests of the child

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What NOT to Do

Never Move Without Permission

If you relocate without court permission or written consent:

You can be held in contempt of court
You may be ordered to return the child immediately
Your credibility with the court is destroyed
You may lose custody
You could face criminal charges

Don't Rely on "Temporary" Moves

Some parents think moving "temporarily" avoids the statute. It doesn't. If you're moving more than 50 miles for more than 60 days, you need permission—period.

Don't Skip the Required Elements

Judges have denied relocations because petitions:

Didn't include specific transportation arrangements
Were vague about the new time-sharing schedule
Failed to address communication methods

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Timeline for Relocation Cases

Stage	Timeframe
File petition and serve notice	Day 0
60-day notice period	Days 1-60
Other parent's objection deadline	20 days from notice
Mediation (if objection filed)	30-60 days
Evidentiary hearing	60-120 days
Court decision	At hearing or shortly after
Uncontested total	2-3 months
Contested total	4-6+ months

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Relocation Petition Costs

Our Flat-Fee Service

Relocation Petition Package: $795

Includes:

Petition to Relocate (F.S. 61.13001 compliant)
Summons
Notice of Intent to Relocate with all required elements
Proposed revised Parenting Plan
E-Filing with the court
Service coordination
60-day timeline guidance

Other Costs

Item	Cost
Filing fee	~$50 (in existing case)
Service of process	$40-$100
Mediation	$100-$500/hour
Trial representation	Additional fee

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Military Relocation

If you're relocating due to military orders (PCS):

Same rules apply - You still need permission or consent
Courts are generally more understanding of military necessity
Provide a copy of your orders with the petition
Request expedited hearing if deployment date is approaching

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Get Your Relocation Petition Done Right

Florida's relocation statute is unforgiving. One mistake can end your case before it starts.

At Resolute Divorce Law:

$795 flat fee for complete Relocation Petition package
Full statutory compliance - We know what courts require
3-5 day turnaround
Statewide Florida service

Don't risk your move on a defective petition.