Florida Law on Parental Relocation

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Under Florida Statute § 61.13001, a parent cannot move more than 50 miles from their current residence with their child for more than 60 consecutive days without following specific legal procedures.

There are two ways to relocate with your child legally:

Parental Agreement

If both parents agree to the move, Florida law requires a written agreement that must include:

  • Consent from both parents to the relocation
  • A revised time-sharing and visitation schedule
  • A transportation plan for visitation

Once filed with the court, if there is no objection within 10 days, the court may approve the relocation without a hearing.

Court Petition to Relocate

If the other parent objects to the move, you must file a Petition to Relocate with a Child that includes:

  • The new address and phone number
  • The proposed relocation date
  • The reason for relocating
  • A proposed visitation schedule
  • A transportation plan
  • Notice to the other parent of their right to object within 20 days

If there is an objection, the court will hold a hearing to determine whether the relocation is in the child’s best interests.

Florida Law on Parental Relocation

 

Risks of Moving Without Court Approval

Moving a child out of state without proper legal authorization can result in:

  • Contempt of court charges
  • Monetary fines
  • Jail time
  • Loss of custody or parental rights

Working with an experienced child relocation attorney is crucial to avoid costly mistakes.

How Florida Courts Decide Relocation Cases

Florida courts focus on one primary concern: the best interests of the child.

When evaluating a relocation request, the court considers:

  • The child’s relationship with both parents
  • The impact of the move on the child’s education, emotional development, and social life
  • Whether the move improves the child’s quality of life (schools, healthcare, financial stability)
  • The reasons for the relocation
  • The ability to preserve the child’s relationship with the non-relocating parent
  • Any history of domestic violence, neglect, or substance abuse

Speak With a Miami Child Relocation Lawyer Today

Relocating out of state with your child requires careful planning and strict compliance with Florida law. At The Kirlew Law Firm, we guide parents through every step of the process — from drafting relocation agreements to litigating relocation disputes.

We are committed to protecting your parental rights while ensuring that your child’s best interests remain the top priority.

Contact The Kirlew Law Firm Today

Schedule a free phone consultation with an experienced Miami child relocation attorney to discuss your case and explore your legal options.

 

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