If your co-parent wants to relocate more than 50 miles away with your child in Florida, they must obtain your written consent or a court order before moving. Without one of those, the relocation is not legally permitted, and you have the right to object and ask the court to decide whether the move serves your child’s best interests.
Relocation cases move quickly and can permanently reshape your time-sharing schedule. Understanding the legal process early gives you the best chance to protect your role in your child’s life.
How Does Florida Define “Relocation”?
Under Florida Statute §61.13001, relocation generally means a change in the child’s principal residence that is:
- More than 50 miles from the current residence, and
- Intended to last at least 60 consecutive days
Temporary absences for vacation, education, or medical care usually do not qualify. The 50-mile threshold is what triggers the formal legal process.
If the proposed move meets that definition, the relocating parent must either obtain your written agreement or file a petition with the court.
What Is the Relocating Parent Required to File?
If you do not agree to the move, your co-parent must file a Petition to Relocate and formally serve you. The petition must include:
- The intended new address, if known
- The specific reason for the relocation
- A proposed revised parenting plan
- Details regarding transportation arrangements
Once served, you generally have 20 days to file a written objection. If you fail to respond within that time, the court may approve the relocation without a full hearing.
What Happens If You Object to the Move?
When you file a timely objection, the case goes before a judge. The court applies the “best interests of the child” standard, which controls most parenting decisions in Florida family law.
The burden is on the parent seeking relocation to prove that the move is in the child’s best interests.
The court may consider:
- Each parent’s reasons for seeking or opposing the relocation
- The child’s relationship with each parent
- The child’s relationship with siblings, extended family, and their current community
- The child’s age and developmental needs
- Whether a revised parenting plan can realistically preserve your involvement
- The child’s preference, depending on maturity
There is no automatic advantage for either parent. The judge focuses on how the relocation will affect the child, not which parent makes the stronger personal argument.
What If a Parent Moves Without Permission?
A parent cannot lawfully relocate with the child without written agreement or court approval.
If your co-parent moves without complying with the statute, the court may:
- Order the child returned
- Hold the relocating parent in contempt
- Consider the unauthorized move when modifying future time-sharing
Courts take violations seriously, especially if the move interferes with your court-ordered parenting rights.
What If You Both Agree to the Relocation?
If you consent to the move, you and your co-parent can sign a written agreement outlining:
- The revised time-sharing schedule
- Travel logistics and cost allocation
- Communication arrangements
The agreement must be submitted to the court for approval. When both parents cooperate, the process is typically faster and less contentious.
What If You Are the Parent Seeking to Relocate?
If you want to relocate, planning ahead matters. You must present a clear, well-supported petition and show that the move benefits your child, not just you.
Courts look closely at your motivation, your history of supporting the other parent’s relationship with the child, and whether the proposed schedule allows meaningful ongoing contact.
A vague or incomplete petition can weaken your position from the start.
Your Parenting Rights Deserve Protection
Relocation disputes can redefine how and when you see your child. Whether you are trying to prevent a move or seeking permission to relocate, the outcome can affect your family for years.
At Downyok & Downyok, P.A., we represent parents across Florida in child relocation cases. We will review your current parenting plan, explain your legal options, and help you take timely action. If you are facing a proposed relocation, contact us to discuss your situation and the next steps.
