If you are divorced in Florida and want to move out of state with your child, you must have that one big question in your mind: “Can I legally move without losing custody or getting in trouble with the court?”
The answer depends on Florida’s relocation law, found in Statute 61.13001. In 2026, the core rules remain the same: “If your decision meets the legal definition of ‘relocation,’ you must either have the other parent’s written agreement or court approval before you move.
Let’s find out everything divorced parents really need to know.
What Counts as “Relocation” in Florida
Under Florida Statute 61.13001, relocation is defined very specifically. It means a change in the principal residence of a parent or other person with the child, that is:
- At least 50 miles from the current residence, and
- For at least 60 consecutive days. It does not include temporary absences for education, vacation, or medical care.
If your move lasts for 60 days or more, you cannot avoid the law by calling it “temporary.” And, it does not even matter whether you are moving from Miami to Georgia or from Orlando to Tallahassee; if it’s 50+ miles and 60+ days, it qualifies. The law applies when there is an existing parenting plan, time-sharing order, or custody agreement in place.
Can You Move If You Are A Primary Custody Holder
Just because one parent spends the most time with the child does not automatically allow relocation. The Florida court focuses more on the best interests of the child than on the convenience of both parents.
You are not allowed to relocate 50+ miles for 60+ days without:
A written agreement from the other parent
If both parents or anyone else ordered for time-sharing agree with the relocation decision, they must sign a written agreement that:
- Shows consent to relocation
- Creates a new time-sharing schedule
- State transportation agreements.
If there is a court order, the agreement should be filed with the court for confirmation. If no one requests a hearing within 10 days of filing, the court can approve it without a full evidentiary hearing. The relocation is assumed to be in the child’s best interest.
Even when everyone agrees, verbal agreements are not enough. You should formalize it properly.
Filing a petition and getting court approval
If the other parent does not agree, you need to file a formal petition to relocate. The petition must be signed under oath and include very specific information:
- The exact address of the new residence
- Mailing address and phone number
- Detailed reasons for relocation
- The date of the intended move
- Proposed transportation arrangements
- A proposed revised time-sharing schedule
- A legally needed notice warning the other parent that they have 20 days to object.
If your relocation is due to your job offer, you should have a written job offer. If you fail to include the required details, the petition may be dismissed as legally insufficient.
What Happens After You File A Case
Once served, the other parent has 20 days to file a written objection. If they do not object within 20 days, the court will generally allow the relocation without a hearing unless it clearly conflicts with the child’s best interests. If they file a timely objection, you may not move until the court decides the case. At that point, the court can schedule:
- A temporary hearing (it usually happens within 30 days if requested)
- A final trial (it happens typically within 90 days after being set for trial)
Relocation cases receive priority on the court’s calendar.
Can You Move While the Case is Pending
Sometimes. The court can issue a temporary order that allows relocation before a final judgment, if:
- The petition is filed properly
- The court believes you are likely to succeed at trial.
However, if the court temporarily allows the move, that temporary relocation cannot be used later as evidence that the move worked well. Judges are not allowed to give weight to the temporary relocation when making the final decision. The court also needs security or financial guarantees to ensure time-sharing will not be disrupted.
Learn more about Florida Child Custody Laws: What Divorced Parents Should Know About Time-Sharing
What If You Move Without Permission
It can be extremely serious. If you relocate without agreement or court approval, the court can:
- Order you to pay the other parent’s attorney fees
- Order you to pay the traveling expenses
- Hold you in contempt
- Order the immediate return of the child
- Modify the parenting plan
- Consider your conduct as a negative factor
If relocations are unapproved, it can significantly damage your credibility and even risk a change in primary time-sharing. If you are considering moving without permission because it’s necessary, you should speak with a family law attorney first. The consequences can be harsh.
How Does The Court Decide Relocation Cases
Florida law is clear. There is no presumption for or against relocation. The parent seeking relocation bears the initial burden of proving, by a preponderance of the evidence, that the move is in the child’s best interest. If that burden is met, the responsibility shifts to the other parent to prove that relocation is not in the child’s best interest. Judges check various statutory factors such as:
- The strength and duration of the child’s relationship with both parents
- The child’s age, developmental needs, and how the relocation will impact them physically, mentally, and educationally.
- Whether the new time-sharing arrangements can preserve a meaningful relationship with the non-relocating parent.
- The child’s needs depend on age and maturity.
- Whether the move can improve the quality of life for the parent and the child, financially, emotionally, and educationally.
- The good faith of both parents
- Each parent’s financial condition and employment updates.
- Any history of domestic violence or abuse.
- Any other factor affecting the child’s best interest
Does A Better Job Guarantee Approval for Relocation
No. A higher salary or a new opportunity can help, but it does not mean you win the case automatically. The court will ask:
- Is the job legit and documented?
- Is the move necessary for financial stability?
- Can meaningful time-sharing continue?
- Is the relocation motivated by good faith?
What Parents Are Really Worried About
Most parents considering relocation worry about losing a new job or a remarriage opportunity. They fear losing primary time-sharing, and they are concerned about legal costs and the uncertainty of a trial.
However, the objecting parent worries about losing meaningful involvement in their child’s life. Judges understand all these emotional realities. They apply the law based on evidence, not out of anger or frustration.
So, Can You Really Move With Your Child After Divorce?
Yes, but only if you comply with Florida’s relocation statute. You need to get a written consent and court approval. Or, you need to file a legally sufficient petition and prove the move is in the child’s best interest.
When you move without following the law, it can harm your custody rights. Relocation cases are the most complex ones and emotionally charged family law disputes. The outcome depends on documentation, credibility, preparation, and how well you can present that the relocation truly serves your child’s best interest in the long term.
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