Relocation With a Child: When Court Approval Is Required

By Jarbath Peña Law Group

Life is full of changes. A new job offer, a chance to be closer to aging parents, or an opportunity for a fresh start can all present exciting new chapters. But when you share a child with a co-parent in Florida, moving can become incredibly complicated. You can’t simply pack up your child’s belongings and move away.

Many parents are surprised to learn that Florida has some of the strictest relocation laws in the country when a child is involved. The assumption that you can move anywhere you want during your designated custody time is a dangerous one. In fact, doing so without following the proper legal steps could land you in serious trouble with the court.

Think of your parenting plan as a legally binding agreement or court order. A move that significantly alters that agreement requires either the other parent's permission or the court's approval. This process isn't meant to punish parents — it exists to protect a child's relationship with both of them, whether you're the parent hoping to move toward a better opportunity or the parent working to protect the routine and stability you've built for your kids.

This guide will explain what relocation means under Florida law, when you need court approval, and what a judge considers when making this life-altering decision.

What Florida Law Considers “Relocation”

The first and most important thing to understand is the legal definition of "relocation." Not every move triggers the relocation statute. Under Florida Statute §61.13001, relocation is defined as moving your principal residence at least 50 miles from where you lived at the time of your last parenting plan or time-sharing order, for a period of at least 60 consecutive days.

Two details trip people up. First, the 50 miles is measured as a straight line — "as the crow flies" — not by how many miles you'd actually drive, and it's measured from your address at the time of your last court order, not necessarily where you live today if you've already moved once. Second, don't trust city names to tell you whether a move "clears" 50 miles. Miami to Fort Lauderdale, for example, is roughly 25–30 miles as the crow flies — under the threshold. Miami to West Palm Beach is closer to 65–70 miles — well over it. The only way to know for sure is to measure your specific address to the new one. (Remember, distance as a straight line, not distance using a turn by turn directions). And the statute applies just as much to moves within Florida as moves out of state — distance, not state lines, is what triggers it.

The purpose of this rule is straightforward: Florida courts do not want one parent to be able to unilaterally move a child in a way that significantly disrupts the other parent’s timesharing and relationship with their child.

The Two Legal Paths Forward

If your proposed move meets the definition of relocation, Florida law gives you exactly two options. There is no informal middle ground.

Path 1: Written Agreement With Your Co-Parent

This is the simplest, fastest, and most amicable route. If your co-parent agrees to the move, that agreement must be in writing. A verbal conversation—no matter how clear and cooperative—is not legally sufficient and will not protect you if a dispute arises later.

The written agreement must include:

•       Both parents’ consent to the relocation

•       A new timesharing schedule for the non-relocating parent

•       Transportation arrangements—who is responsible for travel costs, how exchanges will work at a distance, and any other logistics

Once both parents have signed, the agreement must be filed with the court and ratified by a judge. An informal agreement that never gets court approval is not enforceable. Do not skip this step.

Path 2: Petition to Relocate

What if your co-parent says no? You cannot move. Your only option is to file a formal "Petition to Relocate with a Minor Child" with the court. This begins a legal process where a judge, not the parents, will make the final decision.

This petition is a detailed legal document. It's not just a simple request. You must include specific information, such as:

• The address and contact information for the proposed new residence

• The intended date of the move

• A clear, specific statement of the reasons for relocation—including supporting documentation, such as a written job offer if employment is the basis

• A proposed long-distance timesharing schedule

• A proposal for how transportation costs will be shared

The co-parent then has 20 days from being served to file a formal, written objection with the court. Miss that deadline, and the law presumes the move is in the child's best interest — the court will typically approve it without a hearing. Object in time, and the case moves to a hearing or trial where both sides present evidence.

What a Judge Actually Considers

When a relocation dispute reaches a courtroom, the judge is guided by one question: What is in the best interests of the child? Not what is most convenient for the relocating parent. Not what feels punitive toward the other. The child’s wellbeing is the only measure that matters.

Florida courts weigh 11 specific statutory factors, including:

• The quality and depth of each child's relationship with both parents, siblings, and other significant people in their life — grandparents, extended family, close family friends.

• The child's age, developmental needs, and how the move would affect their physical, educational, and emotional wellbeing.

• Whether a workable long-distance schedule can realistically preserve the child's relationship with the parent staying behind, given logistics and cost.

• The child's own preference, weighed against their age and maturity.

• Whether the move would genuinely improve quality of life — financially, emotionally, or educationally — for the child, not just a benefit to the relocating parent.

• Each parent's actual, stated reasons for seeking or opposing the move.

• Each parent's current job and financial picture, and whether the move is actually necessary to improve the relocating parent's circumstances.

• Whether the move is sought in good faith — which includes whether the objecting parent has kept current on their own child support, alimony, and shared debt obligations.

• What career or other opportunities the objecting parent would have if the move happens.

• Any history of domestic violence or substance abuse by either parent.

The burden falls on the parent seeking to relocate to prove the move serves the child's best interests. Courts approach relocation cases carefully—they are generally reluctant to approve any change that would significantly weaken a child's bond with either parent.

Not sure where you stand yet? Download our free Florida Relocation Checklist to see exactly what a judge will expect you to prove — before you file anything.

Practical Advice for Parents: What You Should—and Should Not—Do

•       Do not move without authorization. If you relocate without a written, court-approved agreement or a court order authorizing the move, a judge can order you to return with the child immediately—and may modify the parenting plan in the other parent’s favor as a consequence.

•       Talk to your co-parent first. Before filing anything, have an honest conversation. Share your reasons. Present a realistic proposal for how your co-parent can maintain a strong, meaningful relationship with the child from a distance. A genuine attempt at agreement can save everyone significant time, money, and emotional strain.

•       Build your case before you file. If a petition becomes necessary, come prepared. Document your reason for the move. Research schools, healthcare, and activities in the new location. Develop a realistic long-distance timesharing proposal with a transportation plan and a proposed cost-sharing arrangement.

•       Think from the child’s perspective. Judges are looking for parents who put their children first. When you can show not only why the move benefits your child—not just yourself—and how you will protect their relationship with the other parent, your case is significantly stronger.

The Stakes Are Too High to Navigate This Alone

Relocation cases are among the most emotionally charged and legally complex matters in Florida family law. Whether you are the parent hoping to move or the one trying to prevent it, the outcome will shape your child’s life and your relationship with them for years.

At Jarbath Peña Law Group, we understand the weight of these decisions. We help families throughout Miami and South Florida navigate relocation matters with the clarity, strategy, and advocacy they deserve—whether that means negotiating a fair agreement or representing you assertively in court.

Your child’s future is not something to leave to chance or guesswork. Get the guidance you need before you make your next move.

Considering a relocation or facing a petition from your co-parent? Contact Jarbath Peña Law Group today at 305-615-1005 to schedule a consultation.