· by Hanna Carolina · 5 min read
In Florida, a parent who wants to move a child 50 miles or more from their current home, for at least 60 consecutive days, must either get the other parent's written agreement or file a petition with the court. If you do not agree, you can object in writing, and the judge decides based on the child's best interest.
Learning that your children may move away is hard, and the deadlines in these cases move quickly. At Ilvento Law, a family law attorney can review your parenting plan and explain your options right away. To get answers, contact our office at (407) 898-0747.
What notice and consent does Florida require before a parent relocates?
A parent who wants to relocate must either reach a written agreement with the other parent or file and serve a petition to relocate. Moving without doing one or the other can hurt that parent's case and can lead the court to order the child returned.
If both parents agree, the agreement must be in writing and signed by both. It should also address a new timesharing schedule and transportation for visits, and it is typically submitted to the court for approval.
If there is no agreement, the parent who wants to move must file a petition to relocate. Florida law requires it to include details such as the new address, the planned moving date, the specific reasons for the move, and a proposed revised timesharing schedule and transportation plan. For many Winter Park families, that schedule is built around school calendars and weekend exchanges, sometimes as simple as meeting near Central Park on Park Avenue. A move changes all of that, so the petition has to explain how the relationship with the other parent will be preserved.
What distance triggers Florida's relocation rules?
Florida's relocation rules apply when a parent plans to change their principal residence at least 50 miles from where they lived at the time of the last custody order, for at least 60 consecutive days. Vacations and temporary stays for school or health care generally do not count.
The 50 miles is measured from the parent's principal residence when the last order was entered, not from the other parent's home. That means a move across Central Florida may not trigger the rules, while a move to Tampa, Jacksonville, or out of state usually will.
Even a shorter move can still affect your parenting plan. A move that adds a long drive on I-4 during rush hour can make a school-week schedule unworkable, and it may justify asking the court to modify the plan even if the relocation statute does not apply. If you are unsure whether your ex's plans cross the line, an experienced family law attorney can review the details and the language in your existing order.
How do Florida courts weigh the child's best interest in a relocation case?
Courts weigh a list of factors set out in Florida law, focused on the child's best interest. There is no presumption for or against relocation. The parent seeking to move must first show the move is in the child's best interest, and then the burden shifts to the objecting parent.
The factors include the child's relationship with each parent and with siblings, the child's age and needs, and whether the relationship with the parent who stays can realistically be preserved. Courts also consider the child's preference, depending on age and maturity, whether the move would improve life for the child and the relocating parent, each parent's reasons for seeking or opposing the move, and any history of following or ignoring court orders.
One Winter Park client became dejected when he learned about his ex-wife's planned move to a new town from the kids, who were talking excitedly about who was getting which room in their new apartment. We went over the requirements for a relocation notice and his options if he wanted to object to the move. Children often hear about plans before the paperwork arrives, which is why acting early matters.
How can a family law attorney help you object to the move or modify the plan?
A family law attorney can help you file a written objection, negotiate a revised parenting plan, or work toward an agreement through mediation. If you object, act quickly. Your sworn response generally must be filed within 20 days of being served with the petition.
Your objection must explain the specific facts behind it, such as your involvement in school, activities, and daily care. If no proper objection is filed in time, the court may presume the move is in the child's best interest and approve it without a hearing.
Not every relocation case ends in a courtroom battle. Many parents reach a workable solution with longer summer and holiday time, shared travel costs, and regular video calls. Our mediation attorney can help you negotiate a plan that protects your relationship with your children while avoiding the cost and stress of a contested hearing.
Facing a proposed move that could change your time with your kids? Call Ilvento Law at (407) 898-0747, or schedule a consultation with a family law attorney, and learn your rights before the deadline passes.