Relocating with a Child Under Florida Statute 61.13001: Timelines, Costs, and Burden of Proof

Step-by-Step Process for Relocating with a Child in Florida

Relocating with a child after a divorce or custody determination is not as simple as packing your bags. Whether you live in Miami, Orlando, or Tampa, Florida law heavily regulates how and when a parent can move away with a minor child. Under Fla. Stat. § 61.13001, you cannot simply move out of state or far across the state without following specific legal procedures. If you try to move without permission, you could face contempt charges and be ordered to return the child immediately. Our directory of US Lawyers can help you find a qualified local attorney to navigate this process.

Moving Less Than 50 Miles vs 50+ Miles

The first step is determining if your move actually triggers the relocation statute. The law only applies if you are moving 50 miles or more from your principal residence at the time of the last order, and you intend to stay there for at least 60 consecutive days (excluding temporary vacations). If you are moving 40 miles away-for example, from Fort Lauderdale to Miami-you generally do not need court permission to relocate, although you still need to adhere to the existing time-sharing schedule.

Step 1: Drafting a Relocation Agreement

If the other parent agrees to the move, the process is much simpler. You can draft and sign a written agreement reflecting the other parent's consent. This agreement must outline the new time-sharing schedule and detail how transportation costs will be handled. You then file Form 12.950(a), Florida, Supreme Court, Agreement for Relocation with Minor Child(ren) at your local court, such as the Miami-Dade County Circuit Court, Miami. Once the judge signs off, your relocation is legally approved.

Step 2: Filing a Petition to Relocate

If the other parent refuses to consent, you must file a formal request. You will need to submit Form 12.950(d), Florida, Supreme Court, Supplemental Petition to Permit Relocation with Minor Child(ren) to the court that issued your original custody order, like the Orange County Circuit Court, Orlando. The petition must be heavily detailed, including the exact address of the new home, the phone number, the date of the intended move, a proposed revised time-sharing schedule, and the specific reasons for the move (such as a better job or family support). In landmark cases like Arthur v. Arthur, 54 So. 3d 454 (FL Supreme Court 2010), courts emphasize that the relocating parent bears the initial burden of proving that the move serves the child's best interests.

Step 3: Defending Against an Ex's Relocation Attempt

If you are the parent staying behind and you want to stop the move, you must act fast. You have exactly 20 days after being served with the Petition to Relocate to file an objection. If you fail to respond in time, the court may allow the relocation without even holding a hearing. Your objection must explain why the move is not in the child's best interest and how it will harm your relationship with the child. You would file your response at the local court, such as the Hillsborough County Circuit Court, Tampa, to ensure your rights are protected.

How Much Does it Cost in Florida?

Filing for relocation involves court fees and potentially significant legal costs if the matter goes to trial.

How Long Does the Process Take?

If both parents agree and sign the agreement, a judge can sign the order in just a few weeks. However, if the relocation is contested, the court must schedule a temporary hearing or a final trial. Florida law requires courts to prioritize relocation cases, often requiring a temporary hearing to be scheduled within 30 days. Still, a final decision on a contested relocation can take 3 to 6 months depending on the court's docket.

Frequently Asked Questions (FAQ)