Family Law · FL

Child Relocation Rules in Florida

Florida child-relocation requires court approval (or other parent's consent) for most moves that materially affect parenting time. 60 days written notice for moves over 50 miles for over 60 days.

Published May 6, 2026
## Moving with a child after a custody order in Florida If you have a custody order or shared parenting plan in Florida, you generally CAN'T just move with the child — at least not far enough to disrupt the other parent's relationship — without either the other parent's consent or court approval. ### Florida relocation framework - **Notice required:** 60 days written notice for moves over 50 miles for over 60 days. - **Standard the court applies:** Statutory factors; burden on parent seeking move (FS 61.13001). ## What counts as relocation Most states define relocation by: - **Distance** — typical thresholds: 50 miles, 100 miles, out of school district, out of state - **Effect on parenting time** — moves that materially reduce the other parent's contact - **Duration** — moves of 60+ days (some states) Moves down the street usually don't trigger relocation rules; moves to another state almost always do. ## What courts consider Across states, the universal factors include: 1. **Reason for the move** — job, education, family support, new spouse, escape from abuse 2. **Reason for any opposition** — genuine concern about parenting time vs vindictiveness 3. **Quality of life impact** on the child — better/worse schools, neighborhood, extended family 4. **Existing relationship** between the child and each parent 5. **Feasibility of preserving the non-moving parent's relationship** through extended summers, holidays, video calls, travel 6. **Child's preferences** if old enough 7. **The proposed parenting schedule** post-move ## Common reasons relocation is approved - **Better job opportunity** — significant income, career advancement - **Family support network** — moving near grandparents, siblings - **Educational opportunity** — for a parent or child - **Military orders** — service members usually get expedited approval - **Domestic violence escape** — courts strongly favor protecting the abused parent and child - **Remarriage** — combined household typically a factor ## Common reasons relocation is denied - **No real reason** beyond convenience or whim - **Apparent purpose to interfere** with non-moving parent's relationship - **Move that severely disrupts established schooling, therapy, special needs services** - **Move to a place where parenting-time arrangement isn't realistic** - **History of relocation by the same parent** to evade prior orders ## Pre-emptive relocation provisions Many parenting plans include a **geographic restriction** ("the children's primary residence shall be within X county / school district / 50-mile radius"). If you have such a clause, moving outside it without court approval is a violation that can result in custody being changed. ## Process for getting approval 1. **Notify the other parent in writing** — using the state's required form/timeline 2. **Try to negotiate a new parenting plan** — courts strongly prefer parental agreements 3. **If no agreement, file a petition** to modify the parenting order 4. **Mediation** — required in most jurisdictions before the judge hears it 5. **Hearing** — both sides present evidence, judge applies the statutory factors 6. **Order** — granting move with new parenting schedule, OR denying move ## What happens if you move without approval Moving without complying with the relocation rules can result in: - **Court orders requiring return** of the child - **Change of custody** to the non-moving parent - **Contempt of court** — fines, attorney fees, possible jail - **Loss of credibility** in any future custody dispute Don't move first and ask for forgiveness later — the costs are too high. ## Special considerations **Domestic violence.** Most states have expedited or simplified relocation rules when the moving parent and child are escaping abuse. Document the abuse and seek a protective order alongside the relocation request. **Military deployment.** SCRA (federal Servicemembers Civil Relief Act) protects military parents from custody changes solely due to deployment. **International relocation.** International moves face additional scrutiny — Hague Convention countries vs non-Hague countries; passport restrictions; bonding requirements. ## What you should do If you're considering a move with your child in Florida, get a family-law attorney involved BEFORE you commit to a job, sign a lease, or pull the child from school. Most Florida family-law attorneys offer paid initial consultations and can run a realistic case-strength assessment for $200-$500. Once you're committed to the move, your leverage drops. --- *This guide is general information about Florida law as of early 2026 and is not legal advice. Relocation cases are intensely fact-specific. Talk to a licensed Florida family-law attorney about your specific situation.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.