Thinking About Moving Away With Your Kids? Florida’s 50-Mile Rule Could Change Everything

A new job. A better school. A lower cost of living. A fresh start after a divorce.

Sometimes, moving to another city or state can feel like the right decision for a parent and child. But if you share parental responsibility or time-sharing with another parent, there is one question you should answer before packing the moving truck:

How far away are you planning to move?

In Florida, moving with your child can become a legal issue when the move qualifies as a “relocation” under Florida law. You may have heard of Florida’s 50-mile rule, but there is more to it than simply measuring the distance between your old house and your new one.

Florida law establishes specific requirements for parents who want to relocate with a child, including circumstances where the other parent does not agree with the move. The law also provides procedures for relocation by agreement and for contested relocation requests.

So, before you sign a new lease, accept that out-of-state job, or tell your child that you're moving, here's what Florida parents need to know.

What Is Florida’s 50-Mile Rule?

Florida Statute § 61.13001 defines relocation as a change in the location of a parent's or other qualifying person's principal residence that is:

• At least 50 miles from the person's principal residence at the relevant time; and

• Intended to last for at least 60 consecutive days.

  
  

The statute excludes certain temporary absences, including those for vacation, education, or providing health care for the child. This means that the popular phrase “Florida's 50-mile rule” is really shorthand for a much more specific legal requirement. It does not mean that every move of 50 miles or more automatically results in the same legal outcome. The circumstances of the move, the existing parenting plan or court order, the child's relationship with both parents, and the applicable relocation procedures all matter.

Does Moving 50 Miles Automatically Mean You Need Court Permission?

Not necessarily.

The law provides a process for relocation by agreement.

If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation, they may enter into a written agreement. That agreement must address the relocation and establish a new access or time-sharing schedule. It must also address transportation arrangements when necessary.

If there is already a court case, judgment, or decree involving the child's residence or time-sharing, the parties generally must seek court ratification of the agreement. Under the statute, if a hearing is not requested within the specified 10-day period after the agreement is filed, the court may ratify the agreement without an evidentiary hearing.

So if both parents genuinely agree, the process can look very different from a contested relocation. But what happens when one parent says: “Absolutely not.” That's where things become more complicated.

What If the Other Parent Does Not Agree?

If the parents do not reach an agreement, the parent who wants to relocate generally must file a petition to relocate and serve it on the other parent and other qualifying persons who have rights to access or time-sharing.

The petition must contain specific information, including:

• The proposed new location

• The intended date of the move

• The reasons for the relocation

• A proposed new time-sharing schedule

• Proposed transportation arrangements

• Other information required by Florida law

  
  

The petition must also contain a specific notice explaining that the other party has 20 days to file a written response objecting to the relocation.

And that deadline matters.

If the other parent timely objects, the parent seeking to relocate generally cannot simply move the child. The matter must proceed through the appropriate court process, and court permission must be obtained before relocation when required by the statute.

Can You Just Move First and Ask the Court Later?

This is one of the biggest mistakes a parent can make.

Florida law specifically provides consequences for relocating a child without complying with the statutory requirements.

A parent who relocates without the required written agreement or court approval may face contempt proceedings and other remedies.

The court may also consider the improper relocation when making decisions about the parenting plan or time-sharing. Depending on the circumstances, the court can order the child to be returned and may consider attorney's fees and other expenses.

In other words: Don't assume that moving first and explaining later is the safest strategy.

If the move falls under Florida's relocation statute, understanding the legal process before the move can be extremely important.

What Does a Florida Judge Consider in a Contested Relocation?

If one parent objects to the relocation, Florida law does not simply ask:

“Which parent wants to move?”

The court must consider the best interests of the child.

Florida law identifies numerous factors that a court must evaluate in a contested relocation case.

These include the child's relationship with both parents and other important people in the child's life, the child's age and developmental needs, and the potential impact of the move on the child's physical, educational, and emotional development.

The court also considers whether the child's relationship with the parent who is not relocating can realistically be maintained.

For example:

• How often can the child visit the other parent?

• Who will handle transportation?

• How much will travel cost?

• Can the child continue having meaningful contact with the other parent?

• How will school schedules affect time-sharing?

• How realistic is the proposed parenting schedule?

These practical questions can become extremely important.

Why Is the Reason for the Move Important?

Florida law also requires the court to consider why each parent is seeking or opposing the relocation. That can include employment opportunities, financial circumstances, educational opportunities, and other factors affecting the child's quality of life.

For example, imagine a parent receives a significant job opportunity in another state.

The move could potentially provide:

• Higher income

• Better employment stability

• Better educational opportunities

• Improved housing

• Greater financial security

  
  

Those facts may be relevant.

But the court also considers the impact of the relocation on the child's relationship with the other parent. A job opportunity does not automatically decide a relocation case one way or another. The court evaluates the circumstances as a whole under the statutory best-interest factors.

Does the Child Get a Say?

The child's preference can be considered, but it is not an automatic deciding factor. Florida's relocation statute specifically lists the child's preference, taking into consideration the child's age and maturity, among the factors a court may evaluate.

That means there is no simple rule such as: “My child wants to move, so we can move.” Likewise, a child saying they do not want to move does not automatically prevent relocation.

The child's preference is one factor among several that the court evaluates.

What About Domestic Violence?

Florida's relocation statute also specifically identifies a history of substance abuse or domestic violence as a factor the court must consider in a contested relocation. The statute directs the court to consider the severity of the conduct and whether rehabilitation efforts have succeeded.

This is particularly important because relocation cases can involve much more than disagreements about geography.

If there are allegations or documented concerns involving domestic violence, substance abuse, or safety, those circumstances may become relevant to the court's analysis.

What Happens to Time-Sharing After a Move?

If relocation is approved, the existing parenting schedule may need to change.

A weekly schedule that worked when both parents lived 20 minutes apart may be completely impractical when one parent lives several hundred miles away.

Florida law allows courts to establish arrangements designed to maintain frequent, continuing, and meaningful contact between the child and the nonrelocating parent when appropriate and in the child's best interest. These arrangements can include different forms of communication and revised time-sharing schedules.

Transportation is another important issue.

The court may determine how transportation expenses should be divided and may adjust child support when appropriate to account for transportation costs and the parties' respective financial circumstances.

Who Has the Burden of Proof?

In a contested relocation case, the parent seeking to relocate has the burden of proving by a preponderance of the evidence that the relocation is in the child's best interest.

If that burden is met, the burden then shifts to the nonrelocating parent to show by a preponderance of the evidence that the proposed relocation is not in the child's best interest. This is another reason why a relocation case should not be treated as simply a disagreement between two parents. The evidence and circumstances surrounding the proposed move matter.

What If the Move Is Less Than 50 Miles?

This is where the title of this article can be a little misleading if you take the “50-mile rule” too literally. A move that does not meet Florida's statutory definition of relocation is not automatically governed by § 61.13001's relocation procedure.

However, distance alone is not the only consideration in a parenting case.

A move that is technically under 50 miles could still affect school transportation, exchanges, extracurricular activities, or an existing parenting plan. And the 50-mile calculation is tied to the specific residence identified by the statute and not simply an informal measurement between two ZIP codes. So before assuming that a move is “safe” because it is 49 miles away, parents should look at their existing court orders and the specific circumstances.

What If You Are Moving Because of a Job?

This is a common situation.

A parent may receive an excellent employment opportunity but discover that accepting it would require moving with the child.

Florida's statute specifically allows the court to consider employment and economic circumstances and whether the proposed relocation is necessary to improve the relocating parent's economic circumstances. If a job offer is being relied upon as a reason for relocation, the statute requires a written job offer to be attached to the petition when the reason is based on a written job offer.

That is one reason parents should keep documentation related to the proposed move.

What Should You Do Before Moving?

If you're considering moving with your child, don't wait until the moving boxes are packed.

Start by reviewing your:

1. Parenting plan or custody order

Look at what your current order says about time-sharing, residence, transportation, and relocation.

2. Proposed move

Determine where you plan to live, when you plan to move, and how far the new residence is from the current residence.

3. Reason for the move

Gather documentation supporting the reason for relocation, such as a job offer, school information, housing information, or other relevant records.

4. Proposed parenting schedule

Think realistically about how the child will maintain a relationship with the other parent.

5. Transportation

Consider who will handle transportation and what the financial impact will be.

6. Legal requirements

If the move may qualify as a relocation under Florida law, understand the applicable notice, agreement, petition, and court procedures before moving.

So before you make that announcement “We're moving!”, make sure you understand what Florida law requires first. A new home can be exciting. A new job can be life-changing. But when a child is involved, the legal steps should come before the moving truck.

Patricia Elizee is the Managing Partner of Elizee Law Firm, located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Founded in 2012, the firm represents clients in both immigration and family law matters and is known for its compassionate, client-focused, and results-driven approach. Ms. Elizee earned her Juris Doctor from the University of Miami School of Law and her Master of Laws (LL.M.) from the University of Washington School of Law.

Frequently Asked Questions

1. What is Florida's 50-mile rule for moving with a child?

Florida's relocation statute generally defines a relocation as moving a parent's or qualifying person's principal residence at least 50 miles away for at least 60 consecutive days, excluding certain temporary absences such as vacation, education, or health care.

2. Can I move less than 50 miles away with my child?

A move that does not meet the statutory definition of relocation under § 61.13001 is not automatically subject to that statute's relocation procedure. However, a move can still affect an existing parenting plan or time-sharing schedule, so parents should review their specific circumstances and court orders.

3. Can I move more than 50 miles if the other parent agrees?

Florida law provides a process for relocation by agreement. The parents and other qualifying individuals entitled to access or time-sharing may enter into a written agreement addressing the relocation, revised time-sharing, and transportation. When an existing court order is involved, court ratification may be required.

4. What if the other parent objects to the move?

If there is no agreement, the parent seeking relocation generally must file a petition to relocate and serve the other parent and other qualifying parties. A timely objection prevents the relocation from proceeding without the appropriate court process and permission.

5. How long does the other parent have to object to a relocation petition?

Florida's statute requires the petition to contain notice that a response objecting to relocation must generally be filed and served within 20 days after service of the petition.

6. Can I move first and ask the court for permission afterward?

Moving without complying with Florida's relocation requirements can have serious consequences. The court may consider the improper relocation in later parenting-plan or time-sharing proceedings and may order the child returned, among other possible remedies.

7. Will a judge automatically allow a parent to move with the child for a better job?

No. Employment and economic circumstances are among the factors a court may consider, but a contested relocation is determined based on the child's best interests and the statutory factors as a whole.

8. Does my child's opinion matter in a relocation case?

Yes, the child's preference may be considered, taking into account the child's age and maturity. It is one factor among the factors identified in Florida's relocation statute.

9. What happens to visitation or time-sharing if relocation is approved?

The court may establish a revised schedule designed to preserve frequent, continuing, and meaningful contact between the child and the nonrelocating parent or other person entitled to contact, when appropriate and in the child's best interest. The court may also address transportation expenses.

10. Should I talk to a family-law attorney before relocating with my child?

If your move may qualify as a relocation under Florida law particularly if the other parent does not agree, getting legal advice before moving can help you understand the applicable requirements, deadlines, and potential consequences based on your specific circumstances.