A new job in another state, a remarriage, the chance to live closer to family, or simply a fresh start after a divorce: there are many legitimate reasons a parent may want to leave the Tampa area with a child. When the other parent shares time-sharing rights, however, the decision to move is not one that a parent can make alone. Florida has a detailed relocation statute that controls when a parent may move a child, what paperwork must be filed, how the other parent can object, and how a judge decides whether the move should happen.
Parents who understand these rules before they act are in a far better position than those who move first and ask questions later. A relocation that ignores the statute can lead to contempt proceedings, an order requiring the child to be returned, an award of attorney’s fees against the moving parent, and lasting damage to that parent’s credibility in future custody litigation. Whether you are hoping to move or trying to keep your child close, the sections below explain how Florida relocation law works and what each parent should expect.
What Counts as a “Relocation” Under Florida Law?
Florida’s relocation law is found in Section 61.13001 of the Florida Statutes. The statute defines relocation as a change in the location of a parent’s principal residence from the principal residence at the time of the last order establishing or modifying time-sharing, or at the time a pending action to establish or modify time-sharing was filed. The change must be at least 50 miles from that residence, and it must last for at least 60 consecutive days.
Those two numbers, 50 miles and 60 days, are the threshold questions in every relocation case. If a proposed move does not meet both, the relocation statute does not apply, although a move that falls short of the definition can still affect a parenting plan and may support a separate modification case.
It is also important to understand that the statute is not limited to moving out of state. Many parents assume that relocation law only matters when someone wants to move to Georgia, North Carolina, or across the country. In reality, a move from Tampa to another Florida city that is more than 50 miles away triggers the same requirements as a move to another state. The focus is on distance and duration, not state lines.
How the 50-Mile Rule Works in Practice
The 50-mile measurement is taken from the parent’s principal residence at the time of the last time-sharing order, or at the time a pending case was filed. It is not measured from the other parent’s home, the child’s school, or the courthouse. If a parent lived in South Tampa when the final judgment was entered, the distance is measured from that home.
This creates a few situations that catch parents off guard. Suppose a parent moved 30 miles away a year after the divorce, without any objection, and now wants to move another 30 miles in the same direction. The second move may put the parent more than 50 miles from the residence listed at the time of the last order, which means the statute may now apply even though neither individual move seemed significant on its own.
Because the measurement can be disputed, parents should not rely on a rough estimate from a mapping app when the distance is close to the line. A Tampa child custody attorney will typically look closely at the addresses in the court record, the date of the most recent order, and how the distance is likely to be measured before advising a client whether formal relocation steps are necessary. When the numbers are close, the safer course is usually to treat the move as a relocation and follow the statute.
The 60-Day Rule and Temporary Absences
The second part of the definition requires that the change in residence last for at least 60 consecutive days. The statute specifically excludes temporary absences from the principal residence for purposes of vacation, education, or the provision of health care for the child.
In practical terms, a parent who takes the child to visit grandparents in another state for several weeks over the summer, consistent with the parenting plan, is not relocating. A parent who temporarily stays near a specialized medical facility while the child receives treatment is generally not relocating either. The rule is aimed at a genuine change in where the parent and child live, not at travel or short-term stays.
What the 60-day rule does not do is create a loophole. A parent cannot move the child, return every 59 days, and claim the statute never applied. Courts look at the substance of what is happening. If the reality is that the parent and child now live somewhere else, a judge is unlikely to be persuaded by technical arguments about the calendar.
Does the Relocation Statute Apply If There Is No Court Order?
The statute is tied to time-sharing orders and pending cases. When parents have a final judgment of dissolution of marriage, a paternity judgment, or another order that establishes a parenting plan, the relocation statute governs any qualifying move. The same is true when a case to establish or modify time-sharing is already pending.
When unmarried parents have never been to court and there is no pending case, the analysis is different and depends heavily on the facts, including whether paternity has been legally established. Even in those situations, a move can create significant problems. If the other parent later files a case, the court will consider how and why the move occurred, and a relocation that appears designed to cut off the other parent’s relationship with the child can weigh heavily against the moving parent. Anyone in this position should get advice from a family law attorney in Tampa before making plans, rather than assuming the absence of an order means there are no rules.
Option One: Relocation by Written Agreement
The simplest path to a lawful relocation is agreement. Under Florida law, if the parents and every other person entitled to access to or time-sharing with the child agree to the relocation, they can satisfy the statute by signing a written agreement. That agreement must reflect consent to the relocation, define an access or time-sharing schedule for the nonrelocating parent and any other persons entitled to time-sharing, and describe any necessary transportation arrangements related to time-sharing.
If there is already a case or order in place, the agreement is filed with the court and presented for ratification. If there is no existing case, the agreement is filed along with a petition asking the court to ratify it. Under the statute, if neither party requests a hearing within 10 days after the agreement is filed, the court presumes the relocation is in the child’s best interest and may ratify the agreement without an evidentiary hearing.
A good relocation agreement goes beyond a simple statement that the other parent consents. It should address long-distance time-sharing in real detail. Who pays for flights? Will the child travel as an unaccompanied minor, and at what age? Where do exchanges take place? How are holidays, spring break, and summer divided? How often will the child have video or telephone contact with the nonrelocating parent? Does child support need to be adjusted to account for travel costs? Vague agreements tend to produce future disputes, and a well-drafted agreement can prevent years of conflict.
Agreement is often more achievable than parents expect. Many nonrelocating parents are willing to consent when they are offered meaningful, extended time with the child, such as most of the summer and alternating major holidays, along with a fair allocation of travel expenses. An experienced Tampa custody lawyer can often help negotiate these terms through direct discussions or mediation before anyone files a contested petition.
Option Two: Filing a Petition to Relocate
When the other parent will not agree, the parent seeking to relocate must file a petition to relocate with the court and serve it on the other parent and every other person entitled to time-sharing with the child. If there is already a pending court action, the petition is served on the other party’s attorney of record. If there is no pending action, the petition is served on the other parent.
The petition must be signed under oath or affirmation under penalty of perjury. This is not a casual notice or a text message telling the other parent about the move. It is a formal pleading, and the statute treats it seriously. A petition that does not include the required information is legally insufficient.
What Must a Florida Petition to Relocate Include?
Section 61.13001 lists the specific information that a petition to relocate must contain. These requirements include:
- A description of the location of the intended new residence, including the state, city, and specific physical address, if known.
- The mailing address of the intended new residence, if it is not the same as the physical address, if known.
- The home telephone number of the intended new residence, if known.
- The date of the intended move or proposed relocation.
- A detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based on a job offer that has been reduced to writing, the written job offer must be attached to the petition.
- A proposal for a revised post-relocation schedule for access and time-sharing, together with a proposal for the post-relocation transportation arrangements necessary to effectuate time-sharing with the child.
The petition must also include a specific statement, written in all capital letters, warning the other parent that a response objecting to the relocation must be made in writing, filed with the court, and served on the relocating parent within 20 days after service. The statement must further warn that if the other parent fails to timely object, the relocation will be allowed, unless it is not in the best interests of the child, without further notice and without a hearing.
That warning gives the petition real teeth. A parent who receives a petition to relocate and does nothing for 20 days may find that the relocation is approved without ever having the opportunity to present evidence. Anyone who is served with a petition should treat the deadline as urgent and contact a Tampa custody lawyer immediately.
The statute also places a continuing duty on the relocating parent to provide current and updated information. If details such as the new address or telephone number become known after the petition is filed, the relocating parent must update the information.
How Does the Other Parent Object to a Relocation?
A parent who opposes the move must file a written response objecting to the relocation within 20 days of being served. Florida law requires more than a simple statement that the parent disagrees. The objection must be verified and must include the specific factual basis supporting the reasons for seeking to prohibit the relocation. It must also include a statement of the amount of participation or involvement the objecting party currently has or has had in the child’s life.
This requirement matters because judges pay close attention to the actual relationship between the child and the objecting parent. A parent who attends school events, coaches the child’s team, handles medical appointments, and consistently exercises every weekend of time-sharing is in a very different position than a parent who rarely uses the time already allotted. The objection should tell that story clearly and accurately, because it frames the issues for everything that follows.
Once a timely objection is filed, the matter is contested, and the relocating parent cannot move the child unless the parties reach an agreement or the court grants permission through a temporary or final order.
How Do Florida Courts Decide Whether to Approve a Relocation?
Florida law does not create a presumption either in favor of or against a request to relocate. Instead, the court evaluates the proposed move using a list of statutory factors designed to determine whether the relocation is in the child’s best interest. Those factors include:
- The nature, quality, extent of involvement, and duration of the child’s relationship with the parent proposing to relocate and with the nonrelocating parent, as well as siblings, half-siblings, and other significant persons in the child’s life.
- The age, developmental stage, and needs of the child, and the likely impact of the relocation on the child’s physical, educational, and emotional development, taking into account any special needs.
- The feasibility of preserving the relationship between the nonrelocating parent and the child through substitute arrangements, considering logistics and financial circumstances, and whether those arrangements are sufficient to foster a continuing meaningful relationship. The court also considers the likelihood that the relocating parent will comply with any new time-sharing schedule.
- The child’s preference, taking into account the child’s age and maturity.
- Whether the relocation will enhance the general quality of life for both the relocating parent and the child, including financial or emotional benefits or educational opportunities.
- The reasons each parent is seeking or opposing the relocation.
- The current employment and economic circumstances of each parent, and whether the proposed move is necessary to improve the economic circumstances of the relocating parent.
- That the relocation is sought in good faith, and the extent to which the objecting parent has fulfilled financial obligations to the relocating parent, including child support, spousal support, and marital property and debt obligations.
- The career and other opportunities available to the objecting parent if the relocation occurs.
- A history of substance abuse or domestic violence by either parent, including consideration of its severity, frequency, and context.
- Any other factor affecting the best interest of the child.
No single factor controls the outcome. A strong job offer may carry significant weight, but it can be outweighed if the move would effectively end the child’s close relationship with the other parent. Likewise, a deep bond between the child and the nonrelocating parent does not automatically defeat a relocation if the move offers substantial benefits and a realistic long-distance schedule can preserve that relationship.
Who Has the Burden of Proof in a Relocation Case?
The parent seeking to relocate carries the initial burden of proving, by a preponderance of the evidence, that the relocation is in the child’s best interest. If that parent meets the burden, the burden then shifts to the nonrelocating parent to show, by a preponderance of the evidence, that the proposed relocation is not in the child’s best interest.
This framework has real practical consequences. The relocating parent cannot simply describe a move as better and expect approval. That parent needs evidence: the written job offer, information about schools and neighborhoods in the new location, the cost of living, the support network available there, and a detailed and realistic plan for maintaining the child’s relationship with the other parent. The nonrelocating parent, in turn, should be prepared to show what the child would lose and why the proposed substitute schedule would not adequately protect the relationship.
Experienced Hillsborough County family law attorneys know that relocation cases are often won or lost on preparation. Judges in the Thirteenth Judicial Circuit see many of these cases, and they tend to respond to specific, well-documented evidence rather than general claims about opportunity or family closeness.
Temporary Relocation Orders and Priority Hearings
Relocation decisions are often time-sensitive. A job offer may have a start date, or a school year may be about to begin. Florida law recognizes this by allowing the court to enter temporary orders.
The court may grant a temporary order permitting the relocation pending the final hearing if the petition to relocate was properly filed and the court finds there is a likelihood that the relocation will be approved at the final hearing. If temporary relocation is allowed, the court may require the relocating parent to provide reasonable security, financial or otherwise, to guarantee that court-ordered contact with the child will not be interrupted or interfered with.
On the other side, the court may enter a temporary order restraining a relocation, or ordering the return of the child if a relocation has already taken place, when the petition does not comply with the statute’s requirements or when the court finds that the move is unlikely to be approved at the final hearing.
The statute also gives relocation cases priority on the court’s calendar. When a motion seeking temporary relocation is filed, the court must hold a hearing within 30 days of the motion being filed. The nonjury trial on the relocation must generally be held within 90 days after a notice to set the trial is filed. These accelerated timelines mean that both parents need to gather evidence and prepare witnesses quickly. Waiting until the last minute to involve a Tampa custody lawyer can leave a parent scrambling to assemble the proof needed in a short window.
What Happens If a Parent Moves Without Following the Law?
Some parents are tempted to move first and deal with the legal consequences afterward. Florida law makes that approach risky. A parent who relocates a child without complying with the statute may be held in contempt of court and can face other remedies available to the court. The court may order the child returned. The failure to comply can also be considered as a factor in deciding the relocation itself, as a factor in future modifications of the parenting plan, and as sufficient cause to order the relocating parent to pay the reasonable expenses and attorney’s fees incurred by the objecting party.
Beyond the formal penalties, an unauthorized move tends to damage the moving parent’s credibility. One of the relocation factors is the likelihood that the relocating parent will comply with a new time-sharing schedule. A parent who has already ignored a legal requirement gives the court a reason to doubt that future obligations will be honored. In some cases, an unauthorized relocation can even lead the court to reconsider which parent should have the majority of time-sharing.
For the parent left behind, acting quickly is critical. If the other parent has moved the child without consent or court approval, an emergency motion seeking the child’s return may be appropriate. The longer the new arrangement continues, the more the moving parent may argue that the child has adjusted, so prompt action by a Tampa child custody attorney can make a meaningful difference.
Building a Strong Case to Relocate
Parents who want to move should begin preparing well before they file anything. Courts are more receptive to relocation requests that are thoughtful, well-supported, and plainly centered on the child’s needs. Helpful steps include:
- Gather documentation of the opportunity. A written job offer, a salary comparison, benefits information, and evidence of career advancement give the court concrete reasons to consider the move.
- Research the child’s new environment. School ratings, extracurricular programs, medical providers, and any services for special needs should be identified in advance.
- Show the support network. If the move brings the child closer to grandparents, aunts, uncles, or other family members who will be involved in the child’s life, be prepared to show who they are and how they will help.
- Propose a realistic long-distance schedule. Extended summer time, alternating holidays, generous spring and winter break allocations, and regular video calls show that the relocating parent values the other parent’s role.
- Address transportation costs fairly. Offering to bear a reasonable share of travel expenses can demonstrate good faith and make the proposed schedule more workable.
- Avoid any appearance of bad faith. A move that appears intended to limit the other parent’s involvement, rather than to benefit the child, can undermine an otherwise reasonable request.
Building a Strong Case to Oppose a Relocation
A parent who wants to keep the child in the Tampa Bay area should respond with the same level of preparation. The 20-day deadline to file a verified objection leaves little time to waste. Useful steps include:
- Document your involvement. School records, medical appointments you attended, photographs, messages, and calendars showing consistent use of time-sharing can help establish the strength of your relationship with the child.
- Identify what the child would lose. Close friendships, extended family, established medical care, academic programs, and community activities in the Tampa area can all be relevant.
- Evaluate the proposed schedule critically. A schedule that looks generous on paper may be impractical in reality because of cost, travel time, or the child’s age.
- Question the stated reasons for the move. If the claimed job opportunity is speculative or the benefits are overstated, that should be brought to the court’s attention with evidence.
- Consider whether you can offer alternatives. In some cases, demonstrating a willingness to take on a larger parenting role locally can be a persuasive response to a relocation request.
How a Tampa Custody Lawyer Can Help With Relocation
Relocation cases combine strict procedural requirements, tight deadlines, and a fact-intensive best interest analysis. Small mistakes, such as omitting the written job offer from a petition, failing to verify an objection, or missing the 20-day response deadline, can have outsized consequences. A knowledgeable Tampa custody lawyer can help by evaluating whether a proposed move meets the statutory definition, preparing a legally sufficient petition or objection, gathering the evidence needed to address each statutory factor, and presenting that evidence effectively at a temporary hearing or trial.
Legal guidance is equally valuable when parents are trying to reach an agreement. A family lawyer in Tampa can draft relocation agreements that address long-distance time-sharing, travel logistics, communication, and child support adjustments with enough detail to prevent future disputes. Many relocation matters are resolved through negotiation or mediation when both parents understand the likely outcome in court and the costs of a contested trial.
If you are considering a move with your child, or if you have been served with a petition to relocate, speaking with a Tampa custody lawyer early gives you the best opportunity to protect your rights and your child’s relationship with both parents. The relocation statute rewards preparation, and the decisions made in the first few weeks of a relocation dispute often shape the final result.
Frequently Asked Questions About Florida Relocation Law
Can I move within Florida without following the relocation statute?
Only if the move is less than 50 miles from your principal residence at the time of the last time-sharing order or the filing of a pending case, or if it will last fewer than 60 consecutive days. A move from Tampa to another Florida city more than 50 miles away is treated the same as an out-of-state move. Moving across state lines is not what triggers the statute; distance and duration are.
Do I need the other parent’s permission to move with my child?
You need either a written agreement signed by the other parent and anyone else with time-sharing rights, or court approval through a petition to relocate. If the other parent agrees, the agreement can be filed and ratified by the court. If not, a Tampa custody lawyer can help you file a petition and present your case to a judge.
How long does the other parent have to object to a petition to relocate?
The other parent has 20 days after being served with the petition to file a written, verified objection with the court and serve it on the relocating parent. If no timely objection is filed, the court may allow the relocation without a hearing, unless it is not in the child’s best interest. This deadline is strictly enforced, so prompt action is important.
Does a job offer guarantee that the court will approve my relocation?
No. A written job offer is important evidence and must be attached to the petition if it is one of the reasons for the move, but it is only one consideration. The court weighs the economic benefit against the other statutory factors, including the child’s relationship with the nonrelocating parent and whether a long-distance schedule can realistically preserve that relationship.
Will the judge consider what my child wants?
Yes. The child’s preference is one of the statutory factors, and the court considers it in light of the child’s age and maturity. A teenager’s well-reasoned preference may carry more weight than that of a young child. However, the child’s wishes do not control the outcome, and courts are cautious about placing children in the middle of their parents’ disputes.
What happens if my ex moves away with our child without permission?
A parent who relocates without complying with the statute may be held in contempt and can be ordered to return the child. The violation can also be considered in the relocation decision, in future modifications, and as grounds for an award of attorney’s fees. If this has happened, contact a Tampa child custody attorney quickly so an emergency motion can be considered.
Can a relocation be approved before the final hearing?
Yes. If the petition to relocate was properly filed and the court finds a likelihood that the relocation will be approved at the final hearing, the court may enter a temporary order allowing the move. The court may also require the relocating parent to post security to protect the other parent’s time-sharing. A hearing on a motion for temporary relocation must be held within 30 days of the motion being filed.
How long does a contested relocation case take in Tampa?
Relocation cases receive priority on the court’s calendar. Once a notice to set the trial is filed, the nonjury trial should generally take place within 90 days. The overall timeline still depends on how quickly the case is prepared, whether mediation resolves the dispute, and the court’s schedule, so working with an experienced Tampa custody lawyer from the beginning helps keep the case moving efficiently.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group Family & Divorce Lawyers, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.