Florida Statute 61.13001: Relocation Petitions and Penalties

Under Florida’s parental relocation law, a parent with court-ordered time-sharing cannot move a child 50 or more miles away for 60 or more consecutive days without either the other parent’s written consent or a court order granting permission. The rule lives in Florida Statute 61.13001, and it applies to anyone who holds court-ordered time-sharing rights, not just biological parents. Moving first and asking later exposes you to contempt, a court order returning the child, modified custody, and a bill for the other parent’s attorney fees.¹

When the Statute Applies

Two conditions must both be met. The new residence has to be at least 50 miles from the parent’s residence as of the most recent order establishing or modifying time-sharing, and the move has to last at least 60 consecutive days.¹

Temporary absences do not count. A summer with relatives, an out-of-state educational program, or travel for medical treatment leaves the child’s principal residence unchanged and does not trigger the statute. A move of 49 miles also falls outside the formal process, though it can still affect the practical logistics of time-sharing.

Moving by Written Agreement

If both parents (and anyone else with time-sharing rights) agree, you can skip a contested hearing entirely. The statute requires a signed written agreement that does three things: consents to the relocation, sets out a revised time-sharing schedule for the non-relocating parent, and describes the transportation arrangements for the child’s travel between homes.¹

When an existing court order already governs the child’s residence or time-sharing, the agreement has to be filed with the court for ratification. Any party then has 10 days after filing to request a hearing in writing. If no one asks for a hearing in that window, the court presumes the relocation is in the child’s best interest and can approve the agreement without an evidentiary hearing.¹

Filing a Petition to Relocate

Without an agreement, the parent who wants to move has to file a formal petition to relocate with the circuit court and serve it on the other parent and anyone else holding time-sharing rights. The petition is signed under oath and carries perjury penalties for false information.¹

The statute lists what has to be inside:

The street address and phone number of the intended new residence, or a statement that the information is not yet known.
The date of the intended move.
A detailed explanation of the reasons for relocating.
A proposed revised time-sharing schedule.
A plan for transportation arrangements.
A copy of the written job offer, if the move is driven by employment.

An incomplete petition creates real risk. If the filing does not comply with the statute, the court can enter a temporary order blocking the move or ordering the child’s return.¹ Filing fees for a supplemental petition to relocate typically run around $300, with additional process server costs on top. Parents who cannot afford the fees can apply for a determination of civil indigent status.

How the Other Parent Must Respond

The non-relocating parent has 30 days after service to file a written objection stating a specific factual basis for opposing the move. A general statement that the parent does not want the child to move is not enough.¹

Miss that 30-day window and the case is effectively over. Without a timely objection, the court presumes the relocation is in the child’s best interest and can approve the move and the proposed schedule with no evidentiary hearing.¹ Procrastinating on hiring an attorney can cost you any real say in whether the child moves.

Once an objection is filed on time, the relocating parent cannot move the child until the court rules. The case then proceeds to a hearing on the child’s best interest.

What the Judge Weighs

The relocating parent goes first, carrying the burden of proving by a preponderance of the evidence (more likely than not) that the move is in the child’s best interest. If that burden is met, it shifts to the objecting parent to show, by the same standard, that the relocation is not in the child’s best interest. There is no presumption for or against relocation; the court starts neutral.¹

The statute lists eleven factors the judge must evaluate, and no single one is decisive:¹

The nature, quality, and duration of the child’s relationships with each parent, siblings, half-siblings, and other significant people.
The child’s age and developmental needs, including any special needs, and how the move affects them.
Whether revised time-sharing can realistically preserve the non-relocating parent’s relationship, given travel logistics, finances, and whether the relocating parent is likely to comply once out of state.
The child’s preference, weighted by age and maturity.
Whether the move would improve quality of life for both the relocating parent and the child, financially, emotionally, and educationally.
Each parent’s reasons for seeking or opposing the move.
Each parent’s employment and economic circumstances, and whether the move is needed to improve the relocating parent’s finances.
Whether the relocation is sought in good faith, and whether the objecting parent has met financial obligations like child support and alimony.
The career and other opportunities available to the objecting parent if the relocation is granted.
Any history of domestic violence or substance abuse by either parent, including severity and any rehabilitation.
Any other factor affecting the child’s best interest.

The good-faith factor gets close attention. A parent moving for a documented career opportunity faces very different scrutiny than one whose primary motive appears to be distancing the child from the other parent.

Temporary Orders While the Case Is Pending

Contested cases take months. In the meantime, the court can enter a temporary order either blocking or allowing the move. A temporary block is available when the petition does not comply with the statute, the child has already been moved without authorization, or the preliminary evidence suggests the move is unlikely to be approved at the final hearing. A temporary permission is available when the petition was properly filed and the preliminary evidence suggests approval is likely.¹

Two safeguards matter here. If the court temporarily allows the move, it cannot treat that temporary relocation as a factor favoring permanent relocation at the final hearing. And the court can require the relocating parent to post a bond or other security to guarantee the other parent’s court-ordered contact continues uninterrupted.¹

Life After an Approved Move

Once a relocation is approved, keeping the non-relocating parent’s bond with the child intact becomes the central practical problem. Florida Statute 61.13003 authorizes courts to order electronic communication (video calls, phone calls, text messages, and other digital tools) between a parent and child. There is a rebuttable presumption that reasonable telephone communication is in the child’s best interest, so phone contact will generally be ordered unless a party overcomes that presumption with evidence.²

Two limits on electronic communication are worth knowing before you build a proposed plan around it. It supplements face-to-face contact rather than replacing it, and the court cannot treat the availability of video calls as the sole factor justifying a relocation.²

Transportation costs should be addressed in the parenting plan or court order upfront. Courts commonly allocate them based on each parent’s income, sometimes splitting expenses and sometimes assigning each parent the cost of transporting the child to their own home. Child support is not automatically recalculated by the relocation, but Florida’s support formula turns on both parents’ incomes and the number of overnights each has, so a material change in either can support a modification petition.

Penalties for Moving Without Permission

A parent who relocates the child without following the statute faces cumulative penalties in a single proceeding:¹

Contempt of court.
A temporary or permanent order returning the child.
Modification of the parenting plan and time-sharing schedule, which can reduce the violating parent’s time.
Payment of the other parent’s reasonable attorney fees and costs, including interim travel expenses incurred to maintain contact or to secure the child’s return.
A record that weighs against the parent in any future relocation petition.

If the Petition Is Denied

A denial means you cannot move the child. Moving anyway is contempt and can lead to a custody change favoring the other parent. You can appeal if a legal error occurred, or wait for a material change in circumstances and file a new petition later. Some parents choose to relocate alone and maintain the relationship through the existing schedule and electronic communication; the statute does not prevent that.

1
Online Sunshine. Florida Statutes 61.13001 – Parental Relocation With a Child
2
Online Sunshine. Florida Statutes 61.13003 – Court-Ordered Electronic Communication Between a Parent and a Child