Florida Child Relocation Attorney: The 50-Mile Rule Explained

By Nadia Pazos, Florida Supreme Court Certified Family Mediator · Pazos Law Group, Coral Gables

The 50-Mile Rule

Florida’s relocation statute, § 61.13001, defines “relocation” as a change in the principal residence of at least 50 miles from the current residence, for at least 60 consecutive days — not counting a temporary absence for vacation, education, or health care. A move under 50 miles is generally not a “relocation” under the statute, although it may still warrant a schedule adjustment.

Relocation by Agreement

If both parents agree, relocation can proceed without a contested hearing. The parents sign a written agreement that reflects consent, defines a new time-sharing schedule, and describes any transportation arrangements. The agreement is ratified by the court — if no party requests a hearing within the statutory window, the court may ratify it without one.

The Notice of Intent to Relocate

Absent agreement, the relocating parent must serve a sworn notice of intent to relocate on the other parent. The statute requires specific contents — the address and phone of the new residence, the date of the intended move, a detailed statement of the reasons, and a proposed revised time-sharing and transportation schedule. The notice must be served by certified mail (or the same manner as a legal pleading).

The 20-Day Objection Window

The other parent has 20 days after service to file a verified objection. If no objection is filed, the relocation is generally allowed without a hearing, presuming it is in the child’s best interests. If an objection is filed, the parent cannot move with the child until the court rules — and relocating without permission can result in contempt and can be a factor weighed against the relocating parent.

How Courts Decide Contested Relocations

There is no presumption for or against relocation. The court weighs the statutory factors in § 61.13001(7) — the child’s relationship with each parent, the age and needs of the child, the feasibility of preserving the relationship with the non-relocating parent, the reasons for and against the move, whether it will enhance the quality of life for the parent and child, and more. The parent seeking to relocate carries the initial burden, which then shifts to the objecting parent.

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Frequently Asked Questions

What is the 50-mile rule in Florida?

Under Fla. Stat. § 61.13001, a parent subject to a parenting plan generally cannot move the child 50 miles or more away for 60 or more consecutive days without the other parent's written consent or a court order.

How much notice must I give to relocate with my child?

If the other parent does not consent, you must serve a sworn notice of intent to relocate that meets the statute's content requirements, served by certified mail. The other parent then has 20 days to object.

What happens if the other parent objects to relocation?

If a verified objection is filed within 20 days, you cannot move the child until the court rules after a hearing. Moving without permission can lead to contempt and can be weighed against you.

Does the court favor or disfavor relocation?

Neither. There is no presumption for or against relocation. The court decides based on the best-interest factors listed in § 61.13001(7).

What if I move without following the statute?

Relocating without consent or a court order can result in being ordered to return the child, a finding of contempt, modification of the parenting plan, and the move being held against you in the best-interest analysis.