Attorney
If you’re thinking about moving with your child after divorce, there’s more to consider than just packing boxes. Whether the goal is to be closer to family, start a new job, or find a better school district, relocation affects both parents and children. In Florida, a move of more than 50 miles with your child isn’t something you can do without following the law.
At Staples Law Group, P.A., we help parents across Florida understand their rights and responsibilities when relocation is being considered. Here’s what you should know before making any plans.
What Counts as ‘Relocation’ Under Florida Law?
Florida law defines relocation very specifically. Under Fla. Stat. §61.13001, relocation means moving:
- More than 50 miles from your current residence
- For 60 days or longer
- With your child, who is subject to a time-sharing order or parenting plan
Short trips, vacations, or temporary absences don’t count. If your move doesn’t meet both the distance and time threshold, the relocation law doesn’t apply. But once you cross that 50-mile line, you’ll need to follow certain legal steps, even if you’re the primary parent or have sole parental responsibility.
Do You Need the Other Parent’s Permission to Move?
Yes. You can’t just pack up and leave if the other parent is involved in your child’s life and you’re moving more than 50 miles away. You’ll need either:
- A signed agreement from the other parent that includes consent to the move and a revised time-sharing schedule
- A court order approving the relocation
If both parents agree, you can file the agreement with the court for approval. If there’s no agreement, you must file a petition to relocate. Without one of these, the move can be blocked, or worse, lead to legal trouble.
Filing a Petition to Relocate: What’s Required
When parents don’t agree on relocation, the parent who wants to move must file a Petition to Relocate with the family court. The petition must include:
- The address and phone number of the intended new home
- The proposed moving date
- A detailed reason for the move (such as a job offer or family support)
- A proposed time-sharing schedule that accommodates the distance
You must also serve the petition on the other parent, who then has 20 days to file a formal objection. If they don’t respond in time, the court may grant the relocation without a hearing. If they do object, the case proceeds to a hearing or trial.
How Florida Courts Decide on Relocation Requests
The court doesn’t automatically take sides. Instead, it focuses on what’s best for the child. Judges consider multiple factors when deciding whether to approve a relocation:
- The child’s relationship with both parents
- The child’s age, needs, and developmental stage
- The reasons for the move and any objections
- Educational and economic opportunities at the new location
- How the move will affect the child’s emotional well-being
- Whether a new time-sharing plan allows ongoing, meaningful contact with the other parent
Every case is different. A strong petition backed by a realistic and thoughtful plan can make a difference. So can showing a willingness to support the child’s relationship with the other parent.
What Happens If You Move Without Permission?
Relocating without permission can backfire quickly. Even if your intentions are good, Florida courts take relocation laws seriously. If you move without following the law, the other parent may:
- Ask the court to order the child’s return
- File a motion for contempt
- Seek a change in custody or time-sharing
The court could also view the unauthorized move as harmful to your child’s stability and parental relationships. That’s why it’s always better to take the legal route, even if you’re in a hurry or facing pressure to relocate.
How We Help at Staples Law Group
We represent both parents who want to relocate and those who want to challenge a proposed move. Our team prepares strong petitions, defends against unfair relocations, and advocates for clear, child-focused solutions. We’ll help you:
- Understand your rights under Florida law
- File or respond to a petition for relocation
- Present your case clearly in court
We know this process can be emotionally-charged and time-sensitive. Our job is to help you protect your child’s future while following the right legal steps.
FAQs
Can I relocate while my petition is pending?
Not unless the court grants temporary approval.
Does this apply if I have sole custody?
Yes. Even sole legal or physical custody doesn’t exempt you from relocation rules.
What if the other parent agrees?
You can file a signed agreement with the court. If accepted, no hearing is necessary.
Before You Relocate, Know the Law
Relocation after divorce brings legal, emotional, and practical challenges. Whether you’re planning a move or responding to a relocation request, we can help you understand your options and protect your parenting rights.
At Staples Law Group, P.A., we’re here to support Florida families with reliable legal advice and strong courtroom representation. Contact us today to schedule a consultation.