Moving Away With a Child in Florida: Relocation Notice, Distance Rules and Burden of Proof
In Florida a relocation is a move of at least 50 miles for at least 60 consecutive days. The parents sign an agreement or the moving parent files a sworn petition, the other parent has 20 days to object, and the relocating parent first carries the burden of proof.
What counts as relocation in Florida?
A change in the location of the principal residence of a parent or other person 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. The change must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence for vacation, education or health care for the child (Fla. Stat. 61.13001(1)(e)).
| Question | What the statute says |
|---|---|
| What counts as relocation | A change of principal residence at least 50 miles from the prior one, for at least 60 consecutive days, not counting vacation, education or health care |
| By agreement | A signed written agreement with consent, a new schedule and transportation terms |
| Without agreement | A sworn petition to relocate, served on the other parent |
| Response deadline | 20 days after service |
| Burden of proof | The relocating parent first, by a preponderance, then the other parent |
| Presumption | None for or against relocation |
How can you move by agreement in Florida?
If the parents and every other person entitled to access or time-sharing agree, they sign a written agreement that reflects consent, defines a schedule for the nonrelocating parent and describes any transportation arrangements. If there is an existing case or order, they seek ratification by court order without an evidentiary hearing unless a party asks for a hearing in writing within 10 days after the agreement is filed (61.13001(2)).
What must the petition to relocate say in Florida?
It is signed under oath and describes the new residence, including state, city and address if known, the mailing address and phone number if known, the date of the move, a detailed statement of the specific reasons (with any written job offer attached) and a proposed postrelocation schedule and transportation plan. Failing to include the proposed schedule makes the petition legally insufficient absent good cause (61.13001(3)(a)). It must also carry the warning that a written objection is due within 20 days after service.
What happens if the other parent does not respond in Florida?
If no response objecting is timely filed, it is presumed that the relocation is in the child’s best interest and the court, absent good cause, enters an order adopting the schedule in the petition without an evidentiary hearing. If a response is filed, the parent may not relocate and must obtain court permission through a temporary hearing or trial (61.13001(3)(d)).
Who has the burden of proof in Florida?
The parent who wants to relocate must prove by a preponderance of the evidence that the relocation is in the child’s best interest; if that burden is met, it shifts to the nonrelocating parent to show by a preponderance that the move is not in the child’s best interest (61.13001(8)). No presumption for or against relocation arises when the move will materially affect the current schedule (61.13001(7)).
What factors does the court weigh in Florida?
Eleven, from the child’s relationships with both parents and others, the child’s age, needs and developmental stage, the feasibility of preserving the relationship through substitute arrangements and whether the relocating parent will comply, the child’s preference, the effect on quality of life, each side’s reasons, employment and economic circumstances and whether the move is needed to improve them, good faith and the objecting parent’s compliance with financial obligations, the objecting parent’s opportunities, a history of substance abuse or domestic violence, and any other best-interest factor (61.13001(7)(a)-(k)), which overlap with the general factors in 61.13(3).
What if a parent moves anyway in Florida?
Relocating without complying subjects the parent to contempt and proceedings to compel the return of the child, and may be considered as a factor in the relocation decision, in modifying the plan, in ordering the child’s return and in awarding fees (61.13001(3)(e)). See the Florida parenting time calculator for how a move changes the overnights and the Florida child support calculator for the support effect.
Frequently asked questions
How far can I move with my child in Florida without permission?
A move of less than 50 miles or under 60 consecutive days is not a relocation under the statute; check your own order too.
Who has the burden of proof in a Florida relocation case?
The relocating parent must prove by a preponderance that the move is in the child’s best interest; then the burden shifts to the other parent.
How long does the other parent have to object to a Florida relocation?
20 days after service of the petition to relocate.
What happens if a Florida parent moves without a petition or agreement?
The parent can face contempt and an order to return the child.
Does Florida presume for or against relocation?
No. No presumption arises when the move materially affects the schedule.
Official sources
- Fla. Stat. 61.13: support of children; parenting and time-sharing; powers of court
- Fla. Stat. 61.13001: parental relocation with a child
- Fla. Stat. 61.30: child support guidelines
- Fla. Stat. 61.046: definitions, including parenting plan and time-sharing schedule
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Florida statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Florida attorney.