Relocating With Your Child: Florida's 50-Mile Rule
Relocation cases are some of the hardest in family law, because both parents usually have good reasons. A new job, family support, or a fresh start on one side; a close, everyday relationship with the child on the other. This guide explains how the law handles that conflict.
What Counts as “Relocation”
Under Fla. Stat. § 61.13001, relocation means a change in a parent’s principal residence of at least 50 miles from where they lived when the last order was entered, lasting at least 60 consecutive days. Temporary absences for vacation, education, or the child’s health care are not relocation. The rule applies whether or not a parenting plan is already in place.
Path 1: The Parents Agree
If both parents (and anyone else with time-sharing rights) agree, put it in writing. The agreement must include consent to the move, a new time-sharing schedule, and transportation arrangements. Once it’s filed, the court can ratify it without a hearing unless a hearing is requested. The Florida Supreme Court has an approved form for this: Form 12.950(a), Agreement for Relocation. Agreement is faster and far less expensive, and a well-drafted long-distance schedule protects both parents.
Path 2: No Agreement, So File a Petition
The parent who wants to move files a petition to relocate and serves it on the other parent. The petition must include the new address and phone number, the move date, a detailed statement of the reasons, and a proposed post-move time-sharing schedule with transportation. The Florida Courts publish the supplemental petition to permit relocation (Form 12.950(d)), but relocation petitions are rarely a do-it-yourself project. Then:
- The other parent has 20 days to object in writing, under oath, explaining why.
- If no one objects in time, the law presumes the move is in the child’s best interests, and the court can approve it without a hearing.
- If there’s an objection, the case goes to the court, which gives relocation cases priority. A hearing on a motion for temporary relocation must be held within 30 days after the motion is filed, and a trial within 90 days after a notice to set the case for trial is filed, absent good cause.
How Judges Decide
The parent who wants to move must prove, by a preponderance of the evidence, that relocation is in the child’s best interests. If they do, the burden shifts to the other parent to show it isn’t. The court considers factors including:
- The child’s relationship with each parent, siblings and extended family
- The child’s age, needs, and how the move would affect their development
- Whether a long-distance schedule can realistically preserve the relationship with the other parent
- The child’s preference, depending on age and maturity
- Whether the move improves quality of life for the parent and child: jobs, schooling, family support
- The reasons each parent gives for seeking or opposing the move, and each parent’s good faith
- Any history of substance abuse or domestic violence
The strongest petitions come with specifics: a written job offer, school information, and a long-distance schedule that gives the other parent real, meaningful time. The strongest objections show a close, active relationship the move would genuinely damage.
What Happens If You Move Without Permission
A parent who relocates without agreement or a court order can be held in contempt and ordered to return the child. The move can also be held against them when the court decides the relocation and time-sharing. See enforcement and contempt.
Moving Less Than 50 Miles
A shorter move isn’t “relocation,” but it can still break a parenting plan that depends on school routes and exchange times. If a move makes the current schedule unworkable, the plan may need to be changed. See modifications. And see 50/50 custody in Florida for how equal time-sharing works when parents live close together.
This article is for general information and is not legal advice. Reading it does not create an attorney-client relationship.