Can a Parent Relocate With a Child in Florida?
Short answer: Under Florida law, a parent who wants to move a child's principal residence more than 50 miles away for at least 60 consecutive days must get the other parent's written agreement or the court's permission. Without one of those, the move can be held against the relocating parent. There is no presumption for or against relocation.
A new job, a new marriage or family support in another city can make moving feel necessary. When children are involved, Florida's relocation statute sets the rules, and following them carefully protects both the move and your credibility with the court.
What counts as relocation
Florida defines relocation as a change in a parent's principal residence of at least 50 miles from where they lived when the last order was entered, for at least 60 consecutive days. Moves within 50 miles, or temporary trips such as vacations, are not relocations under the statute, though they may still affect a parenting plan.
Two ways to relocate lawfully
- Written agreement. Both parents (and anyone else entitled to time-sharing) sign an agreement consenting to the move. It should include a new time-sharing schedule and transportation arrangements, and it is filed for the court's approval.
- Petition to relocate. If the other parent does not agree, the relocating parent files a petition with the required details: the new address, the moving date, the specific reasons, and a proposed new schedule. The other parent then has a set time to object.
Deadlines: The petition must include a statement in capital letters warning the other parent that an objection must be filed within 20 days of service, or the relocation may be allowed. Missing that deadline can have serious consequences.
How judges decide
There is no presumption in favor of or against relocation. The court considers factors including:
- The child's relationship with each parent, siblings and extended family
- The child's age, developmental stage and needs
- Whether the move will improve the quality of life for the parent and the child
- Whether a new schedule can preserve a meaningful relationship with the other parent
- Each parent's reasons for seeking or opposing the move
- Any history of domestic violence
What happens if you move without permission
Relocating without agreement or a court order can be considered when deciding whether to allow the move and how to set time-sharing. A court may order the child returned. Moving first and asking later is rarely a good strategy.
A well-prepared relocation request explains not just why the move is good for the parent, but how the child's relationship with the other parent will survive it.
Military and long-distance families
Space Coast families with military orders face relocation questions often. Florida law has specific provisions for service members, and long-distance parenting plans can use extended summer and holiday time and virtual contact to preserve the relationship.
When to talk to a lawyer
Whether you plan to move or have just been served with a petition, timing is critical. Heather Harris Law handles relocation and time-sharing cases for Brevard County parents.
Frequently asked questions
How far can I move with my child in Florida without permission?
Florida's relocation statute applies to moves of 50 miles or more from the residence at the time of the last order, lasting at least 60 consecutive days. Shorter moves are not relocations under the statute, though they may still affect the parenting plan.
What if the other parent does not respond to my petition to relocate?
If a timely objection is not filed, the court may presume the relocation is in the child's best interest and allow it, absent good cause. Proper service and notice are essential.
Can I move out of state with my child after divorce?
Only with the other parent's written agreement or the court's permission if the move is 50 miles or more for at least 60 days.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.