Any move of 50 or more miles from the principal residence requires written consent from the other parent or a court order. Skipping the statutory procedure is one of the most common — and damaging — mistakes in Florida custody cases.
Quick Answer
Florida child relocation is governed by Fla. Stat. § 61.13001. A move of 50+ miles from the residence in effect at the last custody order requires either written consent from the other parent or a court order on petition. The relocating parent files a verified petition; the non-relocating parent has 20 days to object. The court applies 11 statutory factors to determine whether relocation is in the child's best interest. Unauthorized relocation can result in return orders, contempt, and timesharing reduction. Free consultation: 877-862-7188.
The 50-mile threshold. Measured from the principal residence at the time of the last order establishing or modifying timesharing — not from any current location. Moves under 50 miles do not require formal relocation procedure (though they may still be modifications of the parenting plan).
Two paths: consent or court order. If both parents and any other person with timesharing rights consent in writing, no court approval is required — though the consent agreement should specify the new schedule, transportation, and tax-related details. If consent is refused, the relocating parent must file a verified petition meeting the statutory requirements.
The petition. Must include the proposed new residence (or as much as is known), home phone, the move date, a detailed statement of reasons (job, family, education), a proposed revised timesharing schedule, transportation arrangements, and a notice that the non-relocating parent has 20 days to file an objection. Defective petitions are routinely denied.
The hearing. The court applies the 11 factors of § 61.13001(7), including the parent-child relationship, age and developmental stage, the impact of moving, feasibility of preserving the non-relocating parent's relationship through revised timesharing, the child's preference (if of sufficient age), reasons for and against relocation, employment and economic circumstances, and history of substance abuse or domestic violence.
Petition or objection — either way, the statutory deadlines move fast.