Parental Relocation in Florida

By Christine Leonard, Esq. — Florida Bar #1001612

Florida Parental Relocation Law: F.S. 61.13001

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Relocation cases are among the most aggressively contested matters in Florida family law. When one parent wants to move with a child — whether across the state or across the country — the stakes could not be higher. For the relocating parent, the move may represent a new job, a new relationship, or a return to family support. For the parent left behind, it threatens to fundamentally alter the relationship with their child.

Christine Leonard is a trial-tested family law attorney who fights for families across Northeast Florida. She represents both parents seeking to relocate and parents fighting to prevent relocation, and she brings the same aggressive, strategic approach to every case.

The 50-Mile Rule

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Under Florida Statute 61.13001, a parent with an existing custody or timesharing order who wants to relocate more than 50 miles from their current principal residence for a period of 60 consecutive days or more must comply with the statute's requirements. This applies whether the move is within Florida or to another state or country.

The 50-mile rule applies to all parents who share custody or timesharing — whether under a final judgment, a settlement agreement, or a temporary order. It does not matter whether the parent has majority or minority timesharing. If a court order governs the child's custody, the relocation statute applies.

Notice Requirements

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Before relocating, the parent must serve a written notice of intent to relocate on the other parent at least 60 days before the proposed move. The notice must be sent by certified mail, return receipt requested, or served in the same manner as a legal pleading. The notice must include:

The intended new address and, if applicable, the new mailing address. The phone number at the new location. The date of the proposed move. A detailed statement of the specific reasons for the relocation. A proposed revised timesharing schedule and transportation arrangements. A statement that the other parent must file a written objection within 20 days or the relocation will be presumed to be in the child's best interests.

Failure to provide the required notice — or relocating without it — can have serious consequences. The court may order the child returned, deny the relocation, and award attorney's fees and costs to the non-relocating parent. Florida courts do not look favorably on parents who attempt to circumvent the relocation process.

Burden of Proof

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When the non-relocating parent files a timely objection, the relocating parent bears the initial burden of proving that the relocation is made in good faith and is in the child's best interests. If the relocating parent meets this burden, the opposing parent must then demonstrate that the relocation is not in the child's best interests.

If the non-relocating parent fails to file an objection within 20 days, the court may presume that the relocation is in the child's best interests — making it significantly harder to challenge the move later. This is why it is critical to act quickly when you receive a notice of relocation.

Factors Courts Consider

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Florida courts evaluate relocation petitions based on a comprehensive set of factors under F.S. 61.13001(7), including:

The child's relationship with each parent. The nature, quality, extent of involvement, and duration of the child's relationship with both the relocating and non-relocating parent.

The child's age and developmental needs. Younger children may have different relocation considerations than teenagers.

Feasibility of maintaining the non-relocating parent's relationship. Whether a modified timesharing schedule can preserve a meaningful relationship despite the distance, including the cost and logistics of transportation.

The child's preference. If the child is of sufficient age and maturity, the court may consider their stated wishes.

Quality of life improvement. Whether the relocation will enhance the economic, emotional, and educational quality of life for both the parent and the child.

Reasons for and against the relocation. The court examines the motivations of both parents — whether the relocating parent is moving in good faith for legitimate reasons, and whether the opposing parent's objection is motivated by a genuine desire to maintain the relationship or by a desire to control.

History of domestic violence or substance abuse. Any evidence of domestic violence, child abuse, or substance abuse by either parent weighs heavily in the court's analysis.

How to Oppose a Relocation

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If you receive a notice that the other parent intends to relocate with your child, you have 20 days to file a written objection with the court. Do not wait. Once the objection is filed, the relocating parent cannot move with the child until the court rules on the petition.

To successfully oppose a relocation, you must build a case demonstrating that the move is not in the child's best interests. This typically involves showing the strength and quality of your existing relationship, the disruption the move would cause, the feasibility (or infeasibility) of maintaining meaningful contact at a distance, and the relocating parent's true motivations.

Christine Leonard builds opposition cases with thorough documentation, witness testimony, and a clear presentation of the factors that weigh against relocation. She also helps clients develop a strong proposed alternative timesharing schedule that demonstrates their commitment to remaining an active parent.

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