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.

Which Florida Statutes Govern Relocation With a Child? (§ 61.13001, 2025 Fla. Stat.)

Relocation is controlled almost entirely by one statute. Fla. Stat. § 61.13001 defines the move, sets the two lawful paths, fixes the deadlines, and lists the factors. Every proposition below is tied to the pinpoint subsection that supports it. Links go to the official text published by the Florida Legislature.

• § 61.13001(1)(e) — defines “relocation” as a change of principal residence of at least 50 miles, for at least 60 consecutive days, not counting temporary absence for vacation, education, or health care.
• § 61.13001(2)(a) — relocation by written agreement must reflect consent, define an access or time-sharing schedule, and describe transportation arrangements.
• § 61.13001(2)(b) — the court ratifies an agreed relocation without an evidentiary hearing unless a party requests one in writing within 10 days after the agreement is filed.
• § 61.13001(3)(a)5. — the petition must state the specific reasons for the move, and any written job offer must be attached.
• § 61.13001(3)(a)7. — the petition must carry the all-capital-letters 20-day objection warning.
• § 61.13001(3)(d) — if no timely objection is filed, relocation is presumed to be in the child’s best interest and may be ordered without an evidentiary hearing.
• § 61.13001(3)(e) — relocating without complying subjects the parent to contempt, an order returning the child, and attorney’s fees and costs.
• § 61.13001(5) — an objection must be verified and state the specific factual basis, including the objecting party’s involvement in the child’s life.
• § 61.13001(6)(b) — the court may permit temporary relocation pending final hearing only on the same factual basis that would support final approval.
• § 61.13001(6)(c) — a temporary relocation already granted may not be given any weight in the final decision.
• § 61.13001(7) — no presumption arises for or against relocation; the court must evaluate all 11 factors in paragraphs (a) through (k).
• § 61.13001(8) — the relocating parent proves best interest by a preponderance; the burden then shifts to the objecting parent.
• § 61.13001(9)(b) — the court allocates transportation costs and may adjust child support accordingly.
• § 61.13001(10) — a temporary-relocation hearing must occur within 30 days of the motion and a nonjury trial within 90 days of the notice, absent good cause.
• § 61.13(3)(e) — geographic viability is a best-interest factor, but it “does not create a presumption for or against relocation”.
• § 61.13(2)(c)1. — equal time-sharing is presumed to be in the child’s best interests, rebuttable by a preponderance of the evidence.
• § 61.14 — governs later modification of the support obligations a relocation affects.
• § 61.16 — governs attorney’s fee awards in a contested relocation.
• §§ 61.501–61.542 — the UCCJEA supplies the jurisdictional framework when the move crosses state lines.
• § 61.30(1)(a) — supplies the presumptive child support guideline recalculated after a relocation changes overnights.
• § 61.052 — supplies the ground for the underlying dissolution that produced the time-sharing order.
• § 61.19 — barred entry of the final judgment the relocation petition now seeks to modify until 20 days after filing.
• § 44.102(2)(c) — refers parenting disputes, including contested relocation, to family mediation.
• § 61.183 — governs mediation of contested family issues; the records exemption is in subsection (3).
• § 61.13001(3)(a)1. — the petition must describe the intended new residence including state, city, and specific physical address, if known.
• § 61.13001(3)(a)4. — the petition must state the date of the intended move.
• § 61.13001(3)(a)6. — a proposed post-relocation time-sharing and transportation plan is mandatory; omitting it renders the petition legally insufficient.
• § 61.13001(3)(b) — service follows court rule, chapters 48 and 49, or certified mail, restricted delivery, return receipt requested.
• § 61.13001(3)(c) — imposes a continuing duty to update the required information as it becomes known.
• § 61.13001(9)(a) — allows the court to order telephone, Internet, and webcam contact to preserve a meaningful relationship.
• § 61.13001(11)(a)2. — applies the section to any temporary or permanent parenting order entered on or after 1 October 2009.

Source: Florida Legislature, 2025 Florida Statutes. Fla. Stat. ch. 61 Fla. Stat. ch. 61

“The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.” — Fla. Stat. § 61.13001(1)(e)

“The parent or other person wishing to relocate has the burden of proving by a preponderance of the evidence that relocation is in the best interest of the child.” — Fla. Stat. § 61.13001(8)

“A presumption in favor of or against a request to relocate with the child does not arise if a parent or other person seeks to relocate and the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person.” — Fla. Stat. § 61.13001(7)

Answers to the Questions the Statute Actually Decides

How is the 50-mile threshold measured under § 61.13001(1)(e)?

The statute measures from the principal residence at the time of the last order establishing or modifying time-sharing, or at the time the pending action was filed. Both thresholds — at least 50 miles and at least 60 consecutive days — must be met. A 40-mile permanent move is not relocation; a 300-mile 30-day assignment is not relocation.

How long do I have to object to a petition to relocate?

Twenty days after service. § 61.13001(3)(a)7. requires the petition to carry that warning in all capital letters, and § 61.13001(3)(d) provides that failure to respond creates a presumption that relocation is in the child’s best interest and lets the court enter an order without an evidentiary hearing.

Does either parent start with an advantage under § 61.13001(7)?

No. The statute expressly states that no presumption arises for or against relocation. The relocating parent carries the initial burden under § 61.13001(8), but there is no thumb on the scale in either direction.

How fast must the court hear a relocation case under § 61.13001(10)?

Absent good cause, a motion for temporary relocation must be heard within 30 days of filing, and a nonjury trial must occur within 90 days after the notice to set is filed. Relocation matters are given calendar priority by statute.

Statutory authority checked against the 2025 Florida Statutes on 6 August 2026.

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 Time-Sharing Law: Fla. Stat. § 61.13 Explained
• 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.