How Far Can a Parent Move With a Child in Florida?

A parent with a time-sharing order can move less than 50 miles from the principal residence they had when the last time-sharing order was entered without court permission. Moving 50 miles or more for at least 60 consecutive days is a “relocation” under Florida Statute 61.13001 and requires either the other parent’s written, court-ratified agreement or a court order.

The 50-Mile Rule Under Fla. Stat. 61.13001

Florida’s relocation statute defines “relocation” precisely: a change in a parent’s principal residence of at least 50 miles from the residence at the time the last time-sharing order was entered, lasting at least 60 consecutive days. The statute does not say whether the 50 miles are measured in a straight line or by driving distance, so a move that lands near the line is worth reviewing with a lawyer before you go. Temporary absences don’t count: the statute expressly excludes time away for vacation, education, or the child’s health care.

Moves Under 50 Miles: Allowed, but Not Consequence-Free

If your new home is 49 miles away or closer, the relocation statute doesn’t apply and you don’t need the court’s permission. You do, however, still have to comply with your existing parenting plan: school pickups, exchange locations, midweek dinners. A shorter move that makes the schedule unworkable in practice can prompt the other parent to seek a modification, so even sub-50-mile moves deserve some planning.

Two Legal Ways to Relocate 50+ Miles

1. Written agreement. If the other parent (and anyone else with court-ordered time-sharing) consents, you sign a written agreement that reflects the consent, sets out a revised time-sharing schedule, and addresses transportation arrangements. The court then ratifies it without an evidentiary hearing, unless a party asks for one in writing within 10 days after the agreement is filed.

2. Petition to relocate. Without consent, you must serve a formal petition on the other parent, who has 20 days after service to file a verified objection. If no objection is filed, the court presumes the move is in the child’s best interest and can approve it without an evidentiary hearing. If there is an objection, the judge weighs the statute’s best-interest factors: the child’s relationship with each parent, the child’s age and needs, the reasons for and against the move, and more. Florida law creates no presumption for or against relocation, but the parent who wants to move must prove by a preponderance of the evidence that the move is in the child’s best interest; every case turns on its facts.

What Happens if You Just Move?

Relocating without an agreement or court order can seriously hurt your position in a custody case. The court can order the child returned, hold the moving parent in contempt, factor the unauthorized move against them when modifying time-sharing, and award the other parent attorney’s fees. When in doubt, file first; never move first.

Relocation Cases in Miami-Dade County

Relocation petitions for Miami-Dade families are heard in the family division of the Eleventh Judicial Circuit. Geography matters: a move from Miami to Fort Lauderdale typically stays under the threshold, while a move to West Palm Beach, Naples, or Orlando clearly triggers the statute. Arturo R. Alfonso P.A. has handled Miami family law matters in English and Spanish for 30 years, whether you’re the parent who needs to move or the one objecting. If a possible move is on the table, talk with a family lawyer before anyone packs a box.

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