Florida Child Relocation Laws: A Complete Guide to § 61.13001

By Nadia Pazos, Family Law Attorney, Pazos Law Group · May 2026  ·  ← All blog posts

Florida tightly regulates a parent’s ability to relocate with a child after divorce. The 50-mile rule, the 11 statutory factors, and the consequences of moving without permission are often misunderstood. Here’s how Florida’s relocation statute actually works.

What Counts as “Relocation” Under Florida Law

Fla. Stat. § 61.13001 defines relocation precisely. A move qualifies as relocation when ALL of the following are true:

• The move is 50 miles or more from the parent’s principal residence at the time of the original order.
• The move will last 60 consecutive days or more.
• The move is not a temporary absence for health care, education, or vacation.

Both the distance and the duration thresholds must be met. A 100-mile temporary move for a 30-day work assignment is not relocation. A 40-mile permanent move across town is not relocation. A 60-mile permanent move IS relocation, even if it’s within the same county or to a neighboring county. International moves are always relocation regardless of distance.

Two Paths: Agreement or Court Petition

Florida provides exactly two lawful paths for a parent to relocate with a child:

Path 1: Written Agreement

Under Fla. Stat. § 61.13001(2), parents can agree in writing to the relocation. The agreement must:

• Be signed by all parents entitled to time-sharing.
• Reflect consent to the relocation.
• Set forth an access or time-sharing schedule for the non-relocating parent.
• Describe necessary transportation arrangements.

The agreement must be ratified by the court before the move. Ratification is generally pro forma when both parents have signed and the agreement appears to serve the child’s best interests, but courts will not rubber-stamp agreements that appear coerced or against the child’s welfare.

Path 2: Petition to Relocate

If the other parent objects, the relocating parent must file a Petition to Relocate under Fla. Stat. § 61.13001(3). The petition has detailed content requirements:

• Description of the location, including specific physical address if available.
• Mailing address of the proposed new residence.
• Telephone number for the new residence (or stated unavailable if not yet available).
• Specific date of the intended move.
• Detailed statement of the specific reasons for the relocation, including a copy of any written job offer if employment is a basis.
• Proposal for the revised post-relocation schedule of access and time-sharing.
• Proposal for transportation arrangements (who pays, how transportation occurs).
• Statement informing the non-relocating parent of the right to object.

The non-relocating parent has 20 days from service of the petition to file a verified objection. Failure to object within 20 days is treated as agreement to the relocation. This is a hard deadline — parents who miss it often cannot subsequently challenge the move.

Burden of Proof and the 11 Factors

In contested cases, the parent seeking relocation bears the initial burden of proving by a preponderance of the evidence that the relocation is in the child’s best interests. The burden then shifts to the non-relocating parent to prove the contrary.

The court evaluates the petition under the 11 statutory factors in Fla. Stat. § 61.13001(7):

1. The nature, quality, extent of involvement, and duration of the child’s relationship with the parent proposing relocation and with the non-relocating parent, siblings, and other significant persons in the child’s life.
2. The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development.
3. The feasibility of preserving the relationship between the non-relocating parent and the child through substitute arrangements, considering logistics, financial circumstances of the parties, and the cost of transportation.
4. The child’s preference, taking into account age and maturity.
5. Whether the relocation will enhance the general quality of life for both the parent seeking relocation and the child — including financial, emotional, and educational opportunities.
6. The reasons each parent is seeking or opposing the relocation.
7. The current employment and economic circumstances of each parent and whether the proposed relocation is necessary to improve those circumstances.
8. Whether the relocation is sought in good faith and whether the non-relocating parent has fulfilled financial obligations to the relocating parent and child.
9. The career and other opportunities available to the objecting parent if the relocation occurs.
10. A history of substance abuse or domestic violence by either parent.
11. Any other factor affecting the best interests of the child.

No single factor is dispositive. Courts give particular weight to factor 1 (relationship quality) and factor 8 (good faith), with factor 5 (quality-of-life enhancement) often being the relocating parent’s strongest argument when the move is for a substantially better job or educational opportunity.

Temporary Relocation Pending Hearing

If a parent needs to move before the court rules on the petition (for example, the new job has a hard start date), they can request temporary relocation under § 61.13001(6). The court will grant temporary relocation only on a showing of good cause and likelihood that the final relocation petition will be granted. Temporary orders typically include detailed visitation schedules and may require a bond.

Consequences of Unauthorized Relocation

Moving without either an agreement or a court order can have severe consequences:

• Order to return the child immediately to the original jurisdiction.
• Contempt of court, with possible fines and jail time for the relocating parent.
• Modification of time-sharing in favor of the non-relocating parent — the unauthorized move is often the substantial change in circumstances that supports flipping primary custody.
• Attorney fee awards against the relocating parent.
• UCCJEA jurisdiction issues: If the relocating parent has moved to another state, the original Florida court still has jurisdiction and can issue orders enforceable in the new state through the UCCJEA registration process.

Courts treat unauthorized relocation as a serious matter. The presumption against the relocating parent in subsequent proceedings is hard to overcome.

International Relocation

International moves require additional considerations beyond Florida’s statute. If the destination country is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction (most countries are, including Mexico, Spain, most of Europe and Latin America), the U.S. Hague return procedures may provide recourse if a parent relocates internationally without authorization. Non-Hague countries (some Middle Eastern, African, and Asian nations) offer much weaker recourse, and courts often deny relocation petitions to non-Hague countries even when other factors favor relocation.

For international relocation cases, parents should expect the court to consider: visa status, ability to enforce U.S. court orders abroad, the destination country’s family law system, travel costs and logistics for the non-relocating parent, and any history of attempted unauthorized removal.

Preventive Restrictions

If you have credible concerns that the other parent may attempt to relocate without authorization, Florida courts can impose preventive measures:

• Order to surrender the child’s passport to the court or to a neutral third party.
• Enrollment in the State Department’s Children’s Passport Issuance Alert Program (CPIAP), which prevents issuance of a new passport without parental consent.
• Travel restriction orders requiring permission for any travel beyond a specified geographic area.
• Bond requirements as a condition of any approved travel.
• Specific notice requirements for any absence longer than a defined period.

Frequently Asked Questions

Related Reading

• Florida Child Custody & Time-Sharing
• Modifying a Florida Parenting Plan
• International Divorce in Florida
• Florida Family Law Glossary — 32+ Plain-English Definitions

The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.