How Florida Statute 61.13 Governs Child Relocation

Under Florida child relocation law, a parent who wants to move 50 miles or more with a child for 60 days or longer must either get a signed written agreement from the other parent (and anyone else with time-sharing rights) or file a Petition to Relocate and obtain court approval before moving. The rule comes from Florida Statute 61.13001, and it applies whether the move is across the state or across the country. Moving without following one of these two paths can trigger contempt of court, an order returning the child to Florida, a change in custody, and an order to pay the other parent’s attorney fees.¹

What Counts as a Relocation

The statute only applies to certain moves. A “relocation” means changing the child’s principal residence to a place at least 50 miles from where the child lived at the time of the last court order that established or modified the parenting plan or time-sharing schedule. The move also has to last 60 consecutive days or longer. Vacation, school, and medical stays don’t count toward the 60 days.¹

The 50 miles are measured from the child’s residence at the time of the last order, not from the other parent’s home. So a move that stays within 50 miles of the existing residence doesn’t require any petition, even if it looks like a long move on a map.

When You and the Other Parent Agree

If everyone with time-sharing rights consents to the move, the process is simple. The parties sign a written agreement that reflects the consent, sets a new time-sharing schedule for the non-relocating parent, and describes any transportation arrangements needed to make that schedule work.¹

If a court order already governs the child’s residence or time-sharing, the agreement has to be filed with the court for ratification. Either party has 10 days after filing to request a hearing. If nobody asks for one, the court presumes the move is in the child’s best interest and can approve it without a hearing.¹

When You Don’t Agree: Filing the Petition

If the other parent won’t sign off, you have to file a Petition to Relocate. The petition must be signed under oath, meaning you’re affirming its contents under penalty of perjury. It must include all of the following:¹

The state, city, and specific physical address of the intended new residence, if known, plus the mailing address if different.
The home telephone number of the new residence and the date of the intended move.
A detailed statement of the specific reasons for the move. If a job is one of those reasons and a written offer exists, a copy of the offer must be attached.
A proposed post-relocation time-sharing schedule for the non-relocating parent, along with transportation arrangements to make that schedule workable.

The proposed time-sharing schedule isn’t a formality. Leaving it out makes the petition legally insufficient, and the court can reject it on that basis alone unless a valid order already restricts the other parent’s access.¹

Serving the Petition and the 20-Day Objection Window

The petition has to be formally served on the other parent and on every other person entitled to time-sharing. If a court case involving the child is already pending, service can follow the applicable court rules. Otherwise, service goes through Florida’s general service-of-process statutes or by certified mail with restricted delivery and return receipt requested.¹

Once served, the non-relocating parent has 20 days to file a written objection with the court and serve it on the relocating parent. If no objection is filed within that window, the court presumes the move is in the child’s best interest and can approve it without a hearing, adopting the time-sharing schedule and transportation arrangements proposed in the petition.¹

Missing the 20-day deadline is one of the most costly mistakes on the objecting side. After it passes, the relocating parent’s proposal becomes the default, and undoing it requires a separate modification action with a much harder standard to meet.

How Judges Decide a Contested Case

When a timely objection is filed, the case goes to an evidentiary hearing. The statute is explicit that no presumption applies for or against the move when it will materially affect the existing time-sharing schedule. Instead, the judge weighs a long list of factors:¹

The nature, quality, and duration of the child’s relationship with each parent, siblings, half-siblings, and other significant people in both locations.
The child’s age, developmental stage, and the likely impact of the move on physical, educational, and emotional development, including any special needs.
Whether a revised time-sharing schedule can realistically preserve a meaningful relationship with the non-relocating parent, considering distance, logistics, and each parent’s ability to pay travel costs.
The child’s preference, weighted by age and maturity.
Whether the move will improve the general quality of life for both the relocating parent and the child, financially, emotionally, and educationally.
The relocating parent’s reasons for moving and the other parent’s reasons for objecting.
Each parent’s employment and financial situation, and whether the move is necessary to improve the relocating parent’s finances.
Whether the move is sought in good faith, and whether the objecting parent has met financial obligations like child support and spousal support.
Career and other opportunities that would be available to the non-relocating parent if the move is approved.
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.

Who Has to Prove What

The relocating parent goes first. That parent must prove by a preponderance of the evidence that the move is in the child’s best interest. If they clear that bar, the burden shifts to the objecting parent to show, by the same standard, that the move is not in the child’s best interest.²

Temporary Orders Before the Final Hearing

A contested relocation case can take months. In the meantime, either parent can ask the court for a temporary order. The court has two options depending on the circumstances:¹

Temporarily block the move, or order the child returned if the move already happened, when the petition doesn’t comply with the statute, the move occurred without agreement or approval, or the evidence suggests the court will likely deny relocation at trial.
Allow the move temporarily if the petition is proper and the evidence suggests the court will likely approve it. The court may require the relocating parent to post a bond or other security to guarantee court-ordered time-sharing won’t be disrupted.

If temporary relocation is granted, the judge cannot give it any weight at the final hearing. The child’s presence in the new location during the case is not allowed to influence the final ruling.¹

Transportation and Child Support After Approval

An order approving relocation has to specify how transportation costs are divided. The court may also adjust child support to reflect those costs, taking into account travel expense and each parent’s net income under Florida’s child support guidelines.¹

Some judges split travel evenly; others put a larger share on the parent who chose to move. Either way, address transportation in the petition or the response, because the judge will decide it whether or not the parties raise it.

What Happens If You Move Without Permission

Moving with the child before getting either a signed agreement or court approval carries steep consequences. The statute treats an unauthorized relocation as grounds for all of the following:¹

Contempt of court, with the court ordering the child’s immediate return to Florida.
A factor the court can use when deciding whether to modify the parenting plan or primary residence designation, which can result in shifting custody to the non-relocating parent.
An order requiring the relocating parent to pay the other parent’s reasonable attorney fees, litigation costs, and any interim travel expenses spent maintaining time-sharing or securing the child’s return.

Courts have broad discretion to undo whatever advantage the moving parent tried to create. The statute is designed to prevent moves first and permission later, and judges use it that way.

Moving Out of State or Out of the Country

If the destination is another state, Florida generally keeps jurisdiction over the custody order as long as one parent still lives in Florida, under the Uniform Child Custody Jurisdiction and Enforcement Act. That means the petition still gets filed in the Florida court that issued the existing order, not in the new state.

Taking a child out of the country without the other parent’s consent or a court order is a separate matter. Under 18 U.S.C. § 1204, removing or retaining a child under 16 outside the United States with intent to interfere with the other parent’s custody or visitation rights is a federal crime punishable by up to three years in prison, a fine, or both. Narrow affirmative defenses exist: acting under a valid custody order obtained under the UCCJEA, fleeing domestic violence, or being prevented from returning by circumstances beyond the parent’s control and notifying the other parent within 24 hours while returning the child as soon as possible.³

If the destination country belongs to the Hague Convention on the Civil Aspects of International Child Abduction, the left-behind parent can pursue a return petition through the U.S. Department of State or directly in the foreign country’s courts. If the destination country isn’t a signatory, recovery options are far more limited, which is one reason Florida judges scrutinize international relocation requests closely.

1
Online Sunshine. Florida Code 61 – 61.13001
2
Florida Senate. Florida Statutes 61.13001
3
Office of the Law Revision Counsel. 18 USC 1204 International Parental Kidnapping