Short answer: In Florida, moving 50 miles or more with your child for 60 days or longer counts as a “relocation” under Fla. Stat. §61.13001. You can do it two ways: both parents sign a written agreement, or the moving parent files a Petition to Relocate and the other parent gets 20 days to object. Move the child without doing one of these and a judge can order the child back and make you pay the other side’s attorney’s fees.
| Path | When it applies | What it requires | What happens next |
|---|---|---|---|
| By agreement | Both parents (and anyone with time-sharing) agree to the move | A signed written agreement with the new time-sharing schedule and transportation plan | The court ratifies it, usually without a hearing |
| By petition | The other parent does not agree | File a Petition to Relocate, signed under oath, with the new address, the reasons for the move, and a proposed schedule, then serve the other parent | The other parent has 20 days to object. No objection means the move is presumed allowed; an objection sends it to a judge |
When children are involved, divorce complicates relationships; it does not end them. This complexity is evident when considering relocation, especially if you’re co-parenting. Can you move to another state with the children for reasons such as a better job? Can you take them on an out-of-state vacation? Child relocation after divorce in Florida can spark conflicts between parents.
What does your custody agreement say about moving?
Child custody agreements prioritize children’s best interests. This document will detail any restrictions on traveling out-of-state with your child as per your agreement.
Each agreement caters to individual situations, no two are identical. Not all agreements restrict out-of-state travels with children.
Can you take your child out of state after divorce?
Florida does regulate moving with a child. Under Fla. Stat. §61.13001, a move of 50 miles or more for 60 days or longer is a “relocation,” and you generally need either the other parent’s written agreement or a court order before you go. Some parents have moved states during divorce proceedings to gain leverage.
How do you relocate permanently with your child?
The custody agreement should address permanent out-of-state child relocation. In absence of this, some state laws may restrict such moves without the co-parent’s consent. The non-custodial parent can object, and the court will consider several factors centered around the child’s best interest.
A parent may relocate with the minor child with the consent of the non-relocating parent.
If the parents and “every other person entitled to access to or time-sharing with the child agree” regarding the relocation, they may sign a written agreement that:
- Reflects the consent to the relocation;
- Defines an access or time-sharing schedule for the non-relocating parent and any other persons who are entitled to access or timesharing; and
- Describes, if necessary, any transportation arrangements related to access or time-sharing.
See Florida Statute §61.13001(2)(a).
Do you need the other parent’s consent to move?
Even without explicit restrictions, you should inform the non-custodial parent about an out-of-state move. This ensures the child’s best interest is prioritized.
What are the steps to relocate with a child in Florida?
In Florida, relocation refers to a move 50 or more miles away for no less than 60 consecutive days. However, this excludes vacations.
The first step is discussing relocation with the other parent. If agreed, a court petition might not be necessary. However, in most cases, the custodial parent will file a Petition to Relocate with a Child.
What counts as a relocation under Florida law?
Relocation is defined as moving more than 50 miles for over 60 consecutive days. If this is the case, the relocating parent must convince the court that both parents agree on the move, the revised child custody schedule, and the child’s transportation during scheduled visits.
What happens if the other parent objects?
If the other parent files a written objection within 20 days of being served, you cannot move yet. The case goes to a hearing or trial, and a judge decides based on the child’s best interest. There is no automatic presumption for or against the move. The court weighs factors like each parent’s involvement in the child’s life, the reason for the move, whether it genuinely improves life for you and the child, and whether a long-distance schedule can keep the other parent close. Miss the 20-day window, and the law presumes the move is in the child’s best interest and the court can approve it without a hearing.
One serious warning: do not move the child first and ask permission later. Relocating without an agreement or a court order can lead to contempt, an order sending the child back, and an order that you pay the other parent’s attorney’s fees (Fla. Stat. §61.13001(3)(e)).
The bottom line on relocating with your child
Even for a good reason, moving a child away from the non-custodial parent is a critical decision. If you plan to relocate with a child, it is crucial to review the child custody agreement and relevant state laws.
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with our team today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!
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Related on our blog: how custody and time-sharing work and how child support is calculated.
2 responses to “Navigating Child Relocation after Divorce in Florida”
Hi Avianna! Thank you for visiting our blog!!
We cannot give you legal advise, as you are not our client; however, Florida requires you to request permission from the Court prior to relocating. You made it to the right post! And I highly suggest you check out Florida Statue 61.13001 which is the relocation statute. Hope this helps. Have a great rest of your weekend!
I would like to relocate from FL to SC, I currently have a “open” custody case from 2021 that’s has not had any movement in almost 3 yrs. I am still considering the move even with the open case? Should I or should I not