How to File a Petition for Relocation in Florida

To file a petition for relocation in Florida, you complete Florida Supreme Court Approved Family Law Form 12.950(d), sign it under oath, and file it in the circuit court that entered your existing custody or time-sharing order. The petition must contain specific information required by Florida Statute 61.13001, and it must be formally served on the other parent, who then has 20 days to file a written objection. Miss any of those steps and the case can be dismissed, delayed, or decided against you by default.

When a Petition Is Actually Required

Florida’s relocation statute kicks in only when the move meets two thresholds: at least 50 miles from the parent’s residence at the time of the most recent order establishing or modifying time-sharing, and lasting at least 60 consecutive days. Vacations, school trips, and healthcare absences don’t count toward those 60 days.¹ A move of 49 miles, or a stay of 59 days, falls outside the statute.

If the move does qualify, you have two legal routes. The first is a written agreement signed by every person entitled to time-sharing. That agreement has to consent to the move, set out a revised time-sharing schedule, and describe transportation arrangements. It is filed with the court on Form 12.950(a) and, if nobody requests a hearing within 10 days, the court can ratify it without an evidentiary hearing.² If you cannot get that signed agreement, you have to petition.

What the Petition Must Contain

The petition is Form 12.950(d), and it must be signed under oath or affirmation under penalty of perjury.³ The statute spells out what has to be in it:

The state, city, and specific physical address of the intended new residence if known, plus a mailing address and home phone number if different.
The specific date of the intended relocation.
A detailed statement of the reasons for the move. If a job offer is one of those reasons and has been reduced to writing, you must attach the written offer as an exhibit.
A proposed revised time-sharing schedule for the non-relocating parent, together with a proposal for how transportation will be handled.

The revised time-sharing and transportation proposal is not optional. Leaving it out makes the petition legally insufficient and gives the other side grounds for dismissal.⁴ Draft the proposal realistically. A schedule that ignores school calendars, driving distance, or either parent’s ability to pay for travel invites the judge to reject it even if the move itself might otherwise be approved.

Blank forms are available from the clerk of court in your county and from the Florida Courts website. Having the written job offer, the destination address, school information, and your proposed schedule assembled before you file saves weeks of back-and-forth later.

Where to File and How to Serve It

File the petition with the clerk of the circuit court in the county where your custody case was decided. That same court keeps jurisdiction over modifications of its orders, so a petition filed elsewhere will not go anywhere.

After filing, you have to serve the petition on the other parent and anyone else entitled to time-sharing. Service goes through a process server or the sheriff and generally runs between $20 and $60 depending on the county. The petition itself must contain a prominent notice, in all capital letters, warning the other parent that they have 20 days from service to file a written objection.¹ That notice is a statutory requirement, not boilerplate; the form includes it for a reason.

The 20-day clock starts the moment the other parent is formally served. Any objection they file has to be verified and must state the specific factual basis for opposing the move, along with a description of their current involvement in the child’s life.

What Happens Next

Two paths open from here, depending on what the other parent does.

If no timely objection is filed within 20 days, the court presumes the relocation is in the child’s best interest and can enter an order approving the move without an evidentiary hearing. That order adopts the time-sharing schedule and transportation arrangements you proposed in the petition.¹ For the relocating parent, this is the quickest possible outcome.

If an objection is filed, the matter proceeds to a hearing or trial. You cannot move in the meantime unless the court grants permission through a temporary order.

What the Judge Weighs if the Move Is Contested

Florida law expressly provides that there is no presumption for or against relocation. The judge works through 11 statutory factors covering the child’s relationships with each parent and others, the child’s age and developmental needs, whether a revised schedule can realistically preserve meaningful contact with the non-relocating parent, the child’s own preference weighted by age and maturity, whether the move will improve quality of life, each parent’s real motives, employment circumstances, good faith and compliance with support obligations, opportunities for the objecting parent, any history of domestic violence or substance abuse, and a catch-all for anything else bearing on the child’s best interest.¹

The relocating parent carries the initial burden of proving by a preponderance of the evidence (more likely than not) that the move is in the child’s best interest. If you meet that burden, it shifts to the objecting parent to prove by the same standard that the move is not.¹

What this means in practice: come to the hearing with documents, not adjectives. A signed job offer showing higher pay, school data for the new area, evidence of family support at the destination, and a workable revised schedule carry weight. Vague references to “a fresh start” or “better opportunities” rarely do.

Temporary Orders While the Case Is Pending

Contested relocation cases can take months. During that time the court can issue temporary orders. A judge can order the child’s return if a parent has already moved without approval, or temporarily restrain the move. A judge can also grant temporary permission to relocate if the petition was properly filed and a preliminary hearing suggests the move will likely be approved at the final hearing.¹ These rulings rest on a preliminary look at the evidence, not a full trial, but they govern what you can and cannot do until the case is resolved.

Moving Without Court Approval

Relocating before you have either a signed agreement filed with the court or an order granting permission exposes you to serious consequences. The statute authorizes:

Contempt of court, with potential fines and jail time.
An order for the temporary or permanent return of the child.
Use of the unauthorized move as a factor in modifying the parenting plan, which can reduce your time-sharing.
Responsibility for the other parent’s reasonable attorney fees, court costs, and interim travel expenses incurred to exercise time-sharing or secure the child’s return.¹

Beyond the statutory penalties, moving without approval signals bad faith to the judge who will later decide the petition. That is a hard impression to undo.

Addressing Child Support and Travel Costs in the Petition

Florida calculates child support partly on the number of overnights each parent has. When a relocation changes the time-sharing split, support usually needs to be recalculated. Form 12.950(d) includes a section where the relocating parent can ask the court to modify child support consistent with the proposed new schedule.³ If the move is a long one, the judge can also allocate transportation costs between the parties. Handling both issues in the relocation petition avoids a separate modification proceeding later.

If You Are Moving Out of State

Crossing state lines does not change where you file. Under Florida’s version of the Uniform Child Custody Jurisdiction and Enforcement Act, the Florida court that issued the existing custody order typically keeps exclusive jurisdiction to modify it.⁵ You cannot move to another state and then ask a court there to approve the relocation or rewrite the parenting plan. The petition still goes through the Florida court, and the resulting order can be registered and enforced in the new state once it is entered.

1
The Florida Legislature. Florida Code 61.13001 – Parental Relocation With a Child
2
Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.950(a) – Agreement for Relocation With Minor Children
3
Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.950(d)
4
Florida Senate. Florida Code 61.13001 – Parental Relocation With a Child
5
The Florida Legislature. Florida Code 61.514 – Initial Child Custody Jurisdiction