Florida Relocation with Child: The 50-Mile Rule and How to File

A job offer in another city. Moving closer to family support. A fresh start after divorce. Whatever the reason, relocating with your child in Florida is not something you can just do. Florida Statute § 61.13001 imposes strict requirements on any parent who wants to move more than 50 miles — and the penalties for ignoring those requirements can include losing custody.

The 50-Mile Rule Explained

Under § 61.13001, "relocation" is defined as moving a child's principal residence more than 50 miles from the current residence for a period of 60 consecutive days or more. The 50-mile distance is measured as a straight line — as the crow flies — not driving distance.

This applies to moves within Florida (Fort Lauderdale to Orlando, for example) and moves out of state. It applies whether you have sole or shared parental responsibility, and regardless of what your current parenting plan says.

Temporary absences for vacations, education, or medical treatment don't count. But a "temporary" move that stretches past 60 days triggers the statute.

Option 1: Written Consent

If the other parent agrees to the relocation, you can execute a written consent agreement that:

• Identifies the new address and the reasons for the move
• Specifies a revised timesharing schedule
• Addresses transportation arrangements and cost-sharing for the child to travel between homes
• Is signed by both parents and filed with the court

The court reviews the agreement and, if it serves the child's best interests, enters a modified order. This is the fastest path — but it requires genuine agreement from the other parent.

Option 2: Petition to Relocate

If the other parent objects (or you anticipate they will), you must file a Petition to Relocate with the court. The petition must include:

• Your specific reasons for the proposed relocation
• The proposed new address
• A proposed revised timesharing schedule showing how the child will maintain a meaningful relationship with the non-relocating parent
• A description of how transportation for timesharing will be arranged and funded
• The proposed date of the relocation

You must serve the petition on the other parent by certified mail, return receipt requested — or by formal service of process.

The Objection Timeline

Once served, the other parent has 20 days to file a written objection. This deadline is strict. If the non-relocating parent fails to file an objection within 20 days, they are presumed to have consented to the relocation, and the court may approve it without a hearing.

If an objection is filed, the court schedules an evidentiary hearing. The burden of proof falls on the parent seeking to relocate — you must demonstrate that the move serves the child's best interests.

What the Court Evaluates

In a contested relocation hearing, the judge considers factors specific to the relocation statute, including:

• The nature and quality of the child's relationship with both parents and how the move would affect the non-relocating parent's ability to maintain that relationship
• The age and needs of the child and the likely impact of the move on their physical, educational, and emotional development
• The reasons for the move — career advancement, family support, lower cost of living, and remarriage are common justifications
• The reasons for the objection — the court evaluates whether the objection is motivated by genuine concern for the child or by a desire to control the relocating parent
• Whether a realistic revised timesharing schedule can preserve the child's relationship with the non-relocating parent — this is where your proposed revised schedule matters enormously
• The financial circumstances of both parents and whether the cost of long-distance timesharing transportation is manageable

What Happens If You Move Without Permission

Moving without filing the required petition or obtaining consent is treated as wrongful removal. The consequences are severe:

• The court can order the child's immediate return
• The relocating parent can be held in contempt
• The wrongful removal can be used as evidence against the relocating parent in the timesharing determination — demonstrating a willingness to unilaterally disrupt the child's relationship with the other parent
• Attorney's fees can be assessed against the relocating parent

Even if you believe the other parent won't object, file the petition. The statutory framework exists to protect both parents' rights, and a parent who ignores it starts the proceeding at a disadvantage.

Relocation and Child Support

A successful relocation often triggers a child support modification. If the non-relocating parent's overnights drop below the 73-night threshold for the gross-up method, child support will be recalculated using the standard formula — typically increasing the relocating parent's obligation. Transportation costs between the two homes are also factored into the financial arrangement.

The Florida Child Custody & Parenting Plan Guide covers the complete relocation process, including a revised timesharing schedule template for long-distance co-parenting and worksheets for calculating the financial impact of the move on child support.

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