Serving Pasco, Pinellas, Hernando and Hillsborough Counties
★★★★★ 4.6 from 111 Google reviews|(727) 372-4722
Serving Pasco, Pinellas, Hernando and Hillsborough Counties
★★★★★ 4.6 from 111 Google reviews|(727) 372-4722
Child relocation
If you share a child under a Florida parenting plan and want to move 50 miles or more for at least 60 days, the law requires either the other parent’s written agreement or a court order before you go. Moving without one can be held against you.
Relocation cases are among the most contested matters in family court, because one parent’s new job or family support usually means the other parent sees the child less.
We represent parents on both sides: those who need to move and want to do it properly, and those who have been served with a petition and want to keep their child close.
Florida Statute 61.13001 defines relocation as a change in the principal residence of a parent of at least 50 miles from the residence at the time of the last order, for at least 60 consecutive days. Temporary absences for vacation, education or health care do not count. The rule applies to any parent with time-sharing under a parenting plan, whether the case was a divorce or a paternity action.
There are two routes. If the other parent agrees, both of you sign a written agreement that consents to the move, sets out a new time-sharing schedule and addresses transportation. The agreement is filed and the court ratifies it, usually without a hearing.
If the other parent does not agree, you file a petition to relocate. The petition has to include the new address and phone number, the date of the proposed move, the specific reasons for it, and a proposed time-sharing schedule and transportation plan. The other parent then has 20 days after being served to file an objection. If no objection is filed, the court can grant the relocation without a hearing.
Whether the move is in the child’s best interests, using factors set out in the statute: the child’s relationship with each parent and with siblings and other significant people, the child’s age and needs, the likely effect of the move on the child’s development, whether a realistic time-sharing schedule can preserve the relationship with the parent left behind, the reasons each parent gives for wanting or opposing the move, and whether the relocating parent has complied with existing obligations.
The parent asking to relocate has the burden of showing the move is in the child’s best interests. If they do, the burden shifts to the objecting parent to show it is not.
The court can order the child returned, hold the moving parent in contempt, and treat the unauthorized move as a factor when it later decides time-sharing or the relocation request itself. It is one of the few situations in family court where acting first can genuinely damage a parent’s position, which is why we advise clients to have an agreement or an order in hand before signing a lease.
Faster than most family matters. The statute gives relocation cases priority on the court calendar, with a hearing on a temporary request generally within 30 days and a final hearing or trial generally within 90 days of the request. That timeline makes early preparation important on both sides.
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Talk to an attorney about your situation.
By phone or in the office. Monday to Friday, 9:00 to 5:00.
Handled by Jonathan Maguire
Common questions
General information about Florida law, not legal advice for your specific case.
Yes. The statute applies to any parent who has time-sharing under a court-ordered parenting plan, regardless of whether the case was a divorce or a paternity action.
If there is no parenting plan or time-sharing order, the relocation statute does not technically apply. It is still a serious step, and the other parent can file a petition asking the court to establish a plan and address the move. Talk to an attorney before relocating in that situation.
Filing a timely objection matters. If no objection is filed within 20 days of service, the court can grant the relocation without a hearing, and you would then have to seek relief from that order, which is much harder.
The court can grant a temporary order allowing the move while the case is pending, and can also require the child to be returned if it later denies the relocation. A temporary order is not a guarantee of the final result.
A court that approves a relocation must also set a time-sharing schedule that is workable at the new distance, which often means longer blocks during summer and school breaks, and it may allocate transportation costs between the parents.
The court decides, and it is often the parent who relocated, or the cost is split in proportion to income. The transportation arrangement is part of the relocation order.
The first consultation is free, by phone or in the office. Call during business hours or send a message and we will get back to you.
Catey & Maguire Law, P.L.L.C.
6230 Lafayette St, New Port Richey, FL 34652
Monday to Friday, 9:00 am to 5:00 pm. Saturday and Sunday, closed.
