Fla. Stat. § 61.13001

Child Relocation

You can’t just move away with your child if the other parent has time-sharing rights. Florida’s relocation law sets a strict process — and getting it wrong has serious consequences.

Attorney-Reviewed Statute Resource
Reviewed by Joseph Grant, Family Law Attorney (Fla. Bar #97315). Last reviewed: June 2026

The 50-Mile Threshold

Under § 61.13001, "relocation" means moving the child’s principal residence 50 or more miles away for at least 60 consecutive days (not a temporary absence for vacation, health care, or education). When the other parent has time-sharing, you generally need either their written agreement or a court order.

The Governing Statute
Fla. Stat. § 61.13001 — Parental Relocation With a Child
"Relocation means a change in the location of the principal residence of a parent … at least 50 miles from that residence, and for at least 60 consecutive days … [requiring consent or court approval]."
Read the full statute on Online Sunshine →

The Process

Relocation — Two Paths
By agreement: a written agreement signed by both parents (and any other person with time-sharing), reflecting consent, a revised schedule, and transportation arrangements.

By petition: if there’s no agreement, the relocating parent must file a petition to relocate; the other parent can object, and the court decides based on the child’s best interest.

Moving without following this process can be treated as contempt and can be held against the relocating parent — even ordering the child’s return. This is not a step to take informally.

Frequently Asked Questions

Can I move away with my child after divorce in Florida?
Not freely if the other parent has time-sharing. Under § 61.13001, moving the child 50 or more miles away for at least 60 consecutive days requires either the other parent’s written agreement or court approval based on the child’s best interest.
What is the 50-mile rule in Florida custody?
It is the threshold in Florida’s relocation statute. A move of 50 or more miles from the current residence, for 60+ consecutive days, counts as a "relocation" that triggers the consent-or-court-approval requirement under § 61.13001.
What happens if I relocate without permission in Florida?
Relocating without following the statute can subject you to contempt, can be considered against you in determining the parenting plan, and the court may order the child returned. It is important to follow the process before moving.

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This page summarizes Fla. Stat. § 61.13001 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.