Relocating With Your Children: What Florida Law Requires Before You Move

By Fritznie Jarbath, Esq., Founding Partner

You got the job offer. Or your lease is up and rent near family in another city looks a lot better than what you’re paying here. Or you just need a fresh start.

Whatever the reason, if you share custody of a child in Miami or anywhere in South Florida, packing up and moving isn’t as simple as putting in your notice and calling a moving truck.

Moving with your child isn’t like moving apartments. It’s more like changing the terms of a legal contract that someone else - the other parent, and ultimately the court - is bound by too. Florida law has specific rules about relocating with a child, and getting them wrong can mean a judge orders you to move back, or changes your parenting plan entirely.

Here’s what you actually need to know before you start packing.

What Counts as "Relocation" Under Florida Law

Under Florida Statute §61.13001, relocation is legally triggered when a parent moves at least 50 miles from where they lived when the last time-sharing order was entered (or when a pending time-sharing case was filed), for at least 60 consecutive days. Both conditions have to be met—a short move across town doesn’t trigger the statute, and neither does a temporary absence for vacation, school, or medical treatment.

A move from Miami to West Palm Beach clears 50 miles. Moving from one Miami-Dade neighborhood to another usually won’t. But watch the math: because distance is measured from your address at the time of your last order, two “small” moves can add up to one big one. If you’re anywhere close to the line, measure carefully—and get advice before you sign a lease.

If your move meets both thresholds, you’re legally required to follow one of two paths before you go.

The Two Legal Paths Forward

Path 1: A Written Agreement Between Both Parents

If the other parent agrees to the move, you can relocate through a written agreement. It has to be signed by both parents (and anyone else with court-ordered time-sharing), reflect consent to the move, define the new time-sharing schedule, and describe any transportation arrangements. If there’s an existing case or court order, the agreement must be filed for ratification (i.e., appoval by the judge) —and either side has 10 days to request a hearing.

This is the faster, lower-conflict path—but it still has to be properly documented and court-approved. A verbal “it’s fine with me” from your co-parent is not enough to protect you legally. We see parents lose critical protections because they relied on a handshake instead of paperwork.

Path 2: Filing a Petition to Relocate

If there’s no agreement, you must file a formal Petition to Relocate—signed under oath—and serve it on the other parent before moving. The petition must include:

• The specific new residence (or at minimum the city and state, if the address isn’t finalized)

• The intended date of the move

• A detailed statement of the specific reasons for relocating—and if the move is based on a written job offer, the offer letter must be attached

• A proposed post-relocation time-sharing and transportation plan (leave this out, and the petition is legally insufficient)

Once served, the other parent has 20 days to file a verified objection—one that states the specific facts behind it and how involved they’ve actually been in the child’s life. This deadline matters enormously: if they miss it, the law creates a presumption that the move is in the child’s best interest, and the court may approve the relocation without even holding a hearing.

Thinking about relocating with your child in South Florida? Don’t wait until the moving truck is booked. Call us at 305-615-1005 or visit www.jp-lawgroup.com.

If the Other Parent Objects

When a timely objection is filed, tyou can’t move until the court says so. The relocating parent has to prove—by a preponderance of the evidence—that the move is in the child’s best interest. If they do, the burden shifts to the objecting parent to prove it isn’t.

The court weighs 11 statutory factors, including:

• The quality and duration of each parent’s relationship with the child

• The child’s age and developmental needs

• Whether the relationship with the non-relocating parent can realistically be preserved through a new schedule

• The child’s own preference, depending on age and maturity

• Whether the move will improve quality of life for both the parent and the child—financially, emotionally, or educationally

• Each parent’s reasons for relocating or objecting, and whether both are acting in good faith

• Any history of domestic violence or substance abuse

No single factor controls the outcome. Courts weigh the full picture—and good faith isn’t just a nice idea, it’s written into the statute as a factor.

The Biggest Mistake We See

By far the most common—and most damaging—mistake is moving first and sorting out the legal side later.

Relocating without following the statute, even with good intentions, can be treated by the court as evidence against you. It can result to contempt, an order requiring you to return the child immediately, and in serious cases, a modification of the parenting plan that permanently reduces your timesharing and an order to pay the other parent's attorney's fees. We’ve seen it happen to parents who genuinely didn’t know the rules—and the consequences followed them for years.

The consequences run in both directions. Move first and ask questions later, and you risk a court order sending your child back. Wait too long to file, or file a petition that’s missing a required element, and you risk losing an opportunity you can’t get back—a job that needed an answer weeks ago, a lease that’s already been signed.

The good news: Florida law gives relocation cases priority. A motion for temporary relocation must generally be heard within 30 days, and a trial must occur within 90 days of a notice for trial. Filing early isn’t just safer—it’s faster.

Legal Guidance You Can Trust

Most parents who come to us about relocation aren’t trying to cause a fight. They’re trying to take a real opportunity or build a better life—and they’re afraid of getting the legal side wrong. That fear is well placed. This is one of the few areas of family law where a good-faith mistake, made with the best intentions, can still cost you significantly.

At Jarbath Peña Law Group, we help clients throughout Miami-Dade, Broward, and Palm Beach move through this process correctly the first time, whether that means drafting an agreement the other parent will actually sign, filing a petition that meets every statutory requirement, or building the evidence needed to defend against a move that isn’t in your child’s best interest.

Timing matters. Documentation matters. And the earlier you talk to us, the more options you have.

Frequently Asked Questions

Do I need court approval to move 30 miles away?

Generally, no — the relocation statute is triggered specifically by moves of 50 miles or more lasting 60 consecutive days or longer. Shorter moves may still require notice under your existing parenting plan, so it's worth reviewing your specific order.

What happens if I move without following the relocation process?

The court can hold you in contempt, order the child returned, and treat the unauthorized move as a factor against you—both in deciding the relocation and in deciding whether to modify your time-sharing. You can also be ordered to pay the other parent’s attorney’s fees.

How long does the other parent have to object to my relocation petition?

20 days after being served. The objection must be in writing, verified, and filed with the court. If no timely objection is filed, the law presumes the move is in the child’s best interest, and the court will generally approve it without a hearing.

What happens to my existing child support order if I relocate?

It doesn’t change automatically. If the relocation is approved, the court decides how transportation costs are divided and can adjust child support to account for them, based on each parent’s income under Florida’s guidelines.

Relocation often changes the timesharing split, and since child support in Florida is tied to the number of overnights each parent has, the support amount may need to be recalculated. If the relocation is approved and the timesharing schedule changes significantly, we typically file a modification of the child support order at the same time to reflect the new arrangement.

If the other parent agrees verbally, is that enough to move?

No. A verbal agreement does not protect you legally. If the other parent later claims they never truly agreed, or changes their mind after you’ve already moved, you have no enforceable document to point to. Florida law requires a written agreement signed by both parents that reflects consent, sets the new time-sharing schedule, and addresses transportation. If you already have a court order, the agreement must also be filed with the court for ratification. A verbal yes protects no one—least of all you.

Planning a move with your child, or facing a co-parent's relocation request? Don't leave the timing to chance. Contact Jarbath Peña Law Group today at 305-615-1005, or visit www.jp-lawgroup.com for a consultation. We help families create their new beginnings.

This article is for general information and is not legal advice.