When Do I Need to File a Petition for Relocation in Florida?

A new job. A remarriage. Better schools. More family support.

There are many legitimate reasons a parent may want to move. However, when children are involved, relocation can quickly become a legal issue. Understanding when you need to file a petition for relocation in Florida can protect your parental rights.

What Is Considered a Relocation in Florida?

Under Florida law, relocation generally occurs when a parent intends to move a child's primary residence:

• More than 50 miles away, and

  
  

• For at least 60 consecutive days. 

  
  

The distance is measured in a straight line ("as the crow flies"), not by driving distance. 

Temporary absences for:

• Vacation

  
  

• Education

  
  

• Medical treatment

  
  

are not considered relocations. 

When Must You File a Petition for Relocation in Florida?

If the proposed move meets the relocation requirements and another parent has time-sharing rights, you generally need either:

1. A written agreement signed by the other parent, or

   
   

2. Court approval through a Petition for Relocation. 

   
   

If the other parent does not agree, filing a Petition for Relocation is usually required before moving.

What Happens If You Move Without Permission?

This is one of the biggest mistakes a parent can make. Moving without the required consent or court approval may result in:

• Court sanctions

  
  

• Contempt proceedings

  
  

• Orders requiring the child's return

  
  

• Attorney's fees

  
  

• Negative impacts on future time-sharing decisions 

  
  

Florida courts take unauthorized relocations very seriously.

How Do Courts Decide Relocation Cases?

Florida courts focus on the child's best interests.

Factors often include:

• The child's relationship with both parents

  
  

• Educational opportunities

  
  

• Family support systems

  
  

• Financial benefits of the move

  
  

• Ability to maintain a relationship with the non-relocating parent

  
  

• Transportation and travel logistics 

  
  

There is no automatic presumption for or against relocation. Every case is evaluated individually. 

If you are considering moving with your child, it is critical to understand Florida's relocation laws before making plans. What seems like a simple move could require court approval and significant legal preparation. Consulting a family law attorney early can help you avoid costly mistakes and protect your parental rights.

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.