Protecting Your Children: A Parent's Guide to Relocation Laws in Florida

Moving Away: Florida's 50-Mile Rule

In our mobile society, job offers or family needs often require a move. However, if you share time-sharing with a child in Florida, you cannot simply pack up and leave. Florida Statute 61.13001 governs relocation of a child's residence more than 50 miles from their current home.

Relocation by Agreement

If both parents agree to the move, they can sign a written agreement that details the move, the new time-sharing schedule, and transportation arrangements. This agreement must be ratified by the court to be enforceable.

Contested Relocation

If the other parent objects, the parent wishing to move must file a "Petition to Relocate." This is a strict legal process.

The Petition Must Include:

• The location and physical address of the new home.
• The date of the intended move.
• The specific reasons for the move (e.g., job promotion, family support).
• A proposed time-sharing schedule and transportation plan.

Burden of Proof

The parent wishing to move bears the burden of proving that the relocation is in the best interest of the child. If that burden is met, the objecting parent must then prove that the move is NOT in the child's best interest.

Factors the Court Weighs

• The nature of the child's relationship with both parents.
• The likely impact of the move on the child's development.
• The feasibility of preserving the relationship with the non-relocating parent.
• Whether the move will enhance the general quality of life for both the parent and the child.
• The reasons for seeking or opposing the relocation (is it in good faith?).

Conclusion

Relocation cases are among the most difficult in family law because there is often no middle ground — either the parent moves with the child, or they don't. Expert legal guidance is absolutely critical before making any plans to move.