What are the two ways to legally relocate with a child in Florida?

Florida provides exactly two lawful paths: (1) Written Agreement under Fla. Stat. § 61.13001(2) — signed by both parents with a time-sharing schedule and transportation arrangements, ratified by the court before the move; or (2) Petition to Relocate under § 61.13001(3) — filed with specific required content if the other parent objects, with the non-relocating parent having 20 days to file a verified objection.

What are the 11 factors the Florida court considers in a relocation case?

Under Fla. Stat. § 61.13001(7) the court considers: (1) relationship quality with each parent and significant others; (2) age and developmental needs of the child; (3) feasibility of preserving the non-relocating parent's relationship via substitute arrangements; (4) child's preference; (5) whether the move enhances quality of life; (6) reasons each parent seeks or opposes; (7) employment/economic circumstances; (8) good faith and fulfillment of financial obligations; (9) career opportunities for the objecting parent; (10) substance abuse or domestic violence history; (11) any other relevant factor.

What is the deadline to object to a relocation in Florida?

Under Fla. Stat. § 61.13001(3)(b), the non-relocating parent has 20 days from service of the Petition to Relocate to file a verified objection. Failure to file within 20 days is treated as agreement to the relocation. This is a hard statutory deadline — parents who miss it generally cannot subsequently challenge the move. The objection must be verified (sworn) and must state the specific reasons for opposing the relocation.

Can I move temporarily before the court rules on my relocation petition?

Yes, but only with court permission. Under Fla. Stat. § 61.13001(6), a parent may request temporary relocation pending the final hearing. The court grants temporary relocation only on a showing of good cause and likelihood that the final petition will be granted. Common situations include a new job with a hard start date or an emergency family circumstance. The court may impose conditions including a bond or detailed temporary time-sharing schedule.

Does the 50-mile rule apply to international moves?

International moves are always relocation regardless of distance — the 50-mile threshold doesn't apply because international relocation involves jurisdictional issues distinct from domestic moves. Courts analyze international relocation under Fla. Stat. § 61.13001 plus the Hague Convention on the Civil Aspects of International Child Abduction (1980). For non-Hague countries, return remedies are weaker, and courts often deny international relocation to non-Hague countries even when other factors favor relocation.

Florida Child Relocation: Fla. Stat. § 61.13001 — The 50-Mile Rule (2026)

Q: What counts as relocation under Florida law?

Under Fla. Stat. § 61.13001, relocation is a move of 50 or more miles from the parent's principal residence at the time of the original order, lasting 60 or more consecutive days, that is not a temporary absence for vacation, education, or healthcare. Both the distance and the duration thresholds must be met. International moves are always relocation regardless of distance. A 40-mile permanent move is not relocation. A 60-mile permanent move IS relocation, even within the same county.

Q: Who has the burden of proof in a Florida relocation case?

Under Fla. Stat. § 61.13001(8), 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 relocation is contrary to the child's best interests. Both parents present evidence on all 11 statutory factors, and the court makes specific written findings.

Q: What happens if I move without permission?

Consequences are severe under Fla. Stat. § 61.13001(3)(e) and case law: (1) the court can order immediate return of the child to Florida; (2) contempt of court with possible fines and jail; (3) modification of time-sharing in favor of the non-relocating parent — the unauthorized move is often the substantial change supporting a flip of primary residence; (4) attorney's fees and costs awarded against the relocating parent; (5) UCCJEA jurisdiction issues if the parent moved to another state — Florida courts retain jurisdiction and can issue orders enforceable through UCCJEA registration.

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

Fla. Stat. § 61.13001 tightly regulates a parent’s ability to move with a child after a time-sharing order has been entered. The 50-mile distance trigger, the 60-day duration trigger, the 11 statutory factors, and the 20-day objection deadline are commonly misunderstood — and the consequences of an unauthorized move can be severe. This guide explains exactly how the statute works.

Quick Answer

Florida defines “relocation” under Fla. Stat. § 61.13001 as a move of 50 or more miles for 60 or more consecutive days. Relocation requires either (1) a written agreement signed by both parents and ratified by the court, or (2) a Petition to Relocate evaluated under the 11 statutory factors. The non-relocating parent has 20 days to file a verified objection. Unauthorized relocation is grounds for return order, contempt, modification of time-sharing in favor of the non-relocating parent, and attorney’s fees.

What Counts as “Relocation” Under Florida Law

Fla. Stat. § 61.13001(1)(e) defines relocation with precision. 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 or the last order modifying time-sharing.
The move will last 60 consecutive days or more.
The move is not a temporary absence for the purpose of vacation, education, or the provision of healthcare for the child.

Both the distance and the duration thresholds must be met. Examples:

A 100-mile temporary move for a 30-day work assignment — NOT relocation (fails duration).
A 40-mile permanent move across town — NOT relocation (fails distance).
A 60-mile permanent move — IS relocation, even within the same county or to a neighboring county.
An international move — ALWAYS relocation, regardless of distance.

Two Paths: Written Agreement or Court Petition

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

Path 1: Written Agreement (§ 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 arrangements that appear coerced or against the child’s welfare.

Path 2: Petition to Relocate (§ 61.13001(3))

If the other parent objects (or has not been asked), the relocating parent must file a Petition to Relocate. The petition has specific required content under § 61.13001(3)(a):

Description of the location of the intended new residence (specific physical address if available)
Mailing address of the new residence
Telephone number for the new residence (or stated unavailable if not yet established)
Specific date of the intended move
Detailed statement of the specific reasons for the proposed 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 file a verified response

Failure to comply with the content requirements is grounds for dismissal of the petition.

The 20-Day Objection Deadline

Under Fla. Stat. § 61.13001(3)(b), the non-relocating parent has 20 days from service of the petition to file a verified response. The response must:

State the specific factual basis supporting or opposing the relocation
Include a verified statement explaining why the opposing parent believes relocation is or is not in the child’s best interests
State any concerns about the proposed time-sharing schedule and transportation arrangements

Failure to file a verified response within 20 days is treated as consent to the relocation. This is a hard deadline. Parents who miss it generally cannot subsequently challenge the move — even where the underlying merits would have supported their position. If the non-relocating parent intends to oppose the move, they should consult with counsel immediately upon being served.

Burden of Proof

Under Fla. Stat. § 61.13001(8), 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 relocation is contrary to the child’s best interests.

The court evaluates the petition under the 11 statutory factors and must make specific written findings on each applicable factor. Failure to make written findings is reversible error.

The 11 Statutory Factors (§ 61.13001(7))

In contested cases, the court evaluates the petition under these 11 factors:

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.
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.
The feasibility of preserving the relationship between the non-relocating parent and the child through substitute arrangements that take into consideration the logistics of contact, access, visitation, and time-sharing, as well as the financial circumstances of the parties.
The child’s preference, taking into consideration the age and maturity of the child.
Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including financial, emotional, and educational opportunities.
The reasons each parent is seeking or opposing the relocation.
The current employment and economic circumstances of each parent and whether the proposed relocation is necessary to improve the economic circumstances of the parent seeking relocation.
That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations.
The career and other opportunities available to the objecting parent if the relocation occurs.
A history of substance abuse or domestic violence.
Any other factor affecting the best interests of the child or as set forth in Fla. Stat. § 61.13.

No single factor is dispositive. Florida appellate courts generally give heightened weight to factor 1 (relationship quality and history) and factor 8 (good faith and financial obligations). Factor 5 (quality-of-life enhancement) is often the relocating parent’s strongest argument when the move is for a substantially better job or a return to a strong support network.

Temporary Relocation Pending Hearing

If a parent needs to move before the final hearing — for example, when a new job has a hard start date — Fla. Stat. § 61.13001(6) allows a motion for temporary relocation. The court grants temporary relocation only on a showing of:

Good cause for the immediate move
Likelihood that the final relocation petition will be granted

Temporary orders typically include detailed interim time-sharing schedules and may require a bond. The court may also require expedited discovery and an accelerated trial schedule.

Consequences of Unauthorized Relocation

Moving without either an agreement or a court order can have severe consequences under Fla. Stat. § 61.13001(3)(e) and Florida case law:

Order to return the child immediately to Florida and the original jurisdiction
Contempt of court, with possible fines and jail time for willful violation
Modification of time-sharing in favor of the non-relocating parent — an unauthorized move is often the substantial change in circumstances that supports flipping primary residence
Attorney’s fees awarded against the relocating parent
UCCJEA jurisdiction issues: If the relocating parent has moved to another state, the original Florida court retains jurisdiction and can issue orders enforceable in the new state through Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) registration procedures

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

International Relocation

International moves are always relocation regardless of distance. International cases involve additional considerations beyond Florida’s statute:

Hague Convention countries

If the destination country is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction (1980), the U.S. Hague return procedures may provide recourse if a parent relocates internationally without authorization. Most major countries are Hague signatories, including Mexico, Spain, most of Europe and Latin America.

Non-Hague countries

Some Middle Eastern, African, and Asian nations are not Hague signatories. For these destinations, return remedies are dramatically weaker, and Florida courts often deny relocation petitions to non-Hague countries even when other factors favor relocation. The reasoning: an unauthorized future move from a non-Hague country leaves the non-relocating parent without meaningful remedy.

Practical considerations

For international relocation, the court will also 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 a parent has credible concerns about a possible unauthorized international relocation, Florida courts can impose preventive measures:

Surrender of the child’s passport to the court or 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 court 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

What counts as relocation under Florida law?

Under Fla. Stat. § 61.13001, a move of 50 or more miles for 60 or more consecutive days. International moves are always relocation regardless of distance.

What are the two ways to legally relocate?

(1) Written Agreement under § 61.13001(2) signed by both parents and ratified by the court; or (2) Petition to Relocate under § 61.13001(3) if the other parent objects.

What are the 11 statutory factors?

Relationship quality, child’s age/needs, feasibility of substitute arrangements, child’s preference, quality-of-life enhancement, reasons each parent seeks/opposes, employment/economic circumstances, good faith, opportunities for objecting parent, history of abuse/violence, and any other relevant factor.

What’s the deadline to object?

20 days from service of the petition (§ 61.13001(3)(b)). Failure to file a verified objection within 20 days is treated as consent to the relocation.

Who has the burden of proof?

The relocating parent initially, by preponderance of the evidence, that relocation serves the child’s best interests. Burden then shifts to the objecting parent.

Can I move temporarily pending the hearing?

Yes, with court permission under § 61.13001(6) on a showing of good cause and likelihood the final petition will be granted.

What happens if I move without permission?

Severe consequences: return order, contempt, modification of time-sharing, attorney’s fees, and UCCJEA jurisdiction enforcement against an out-of-state move.

Does the 50-mile rule apply internationally?

No — international moves are always relocation regardless of distance. The Hague Convention on the Civil Aspects of International Child Abduction (1980) provides additional framework for Hague-signatory countries; non-Hague countries have much weaker return remedies.

Speak with a Florida Relocation Attorney

Pazos Law Group represents both relocating and non-relocating parents in time-sensitive relocation matters across Miami-Dade, Broward, and Palm Beach — including international relocation cases.

Schedule a Confidential Consultation

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.