What to Know About Relocating with a Child After Divorce

Moving more than 50 miles with your child after divorce in Florida requires either a written agreement with your co-parent or a court order. You must present a clear plan for time sharing and travel, and the court will decide what serves your child’s best interests, including who pays for transportation.

What Counts as Relocation in Florida?

Relocation under Florida law means moving more than 50 miles from your current residence for at least 60 consecutive days.

A few details matter:

• The 50 mile distance is measured in a straight line, not driving distance
• A move of 50 miles or less does not trigger the relocation statute
• A move beyond 50 miles brings legal requirements into play

If your move crosses that line, you will need to follow the law before you go.

You Need an Agreement or a Court Order

You have two paths if you want to relocate with your child:

1. Written Agreement with Your Co-Parent
   If you both agree, you can put that agreement in writing, sign it, and file it with the court. The agreement should include a new time-sharing schedule and explain how transportation will work.
2. Petition for Relocation
   If your co-parent does not agree, you will need to file a petition with the court. Your co- parent has about 20 days to respond to the petition. If they object, the court will decide whether the move is in your child’s best interests.

If you relocate without either an agreement or a court order, you risk serious consequences. A judge may order you to return the child and that decision can affect future parenting rulings.

What Must Be Included in a Petition

A relocation request requires more than saying you want to move. You will need to provide:

• Your new address or at least the city and state
• The reason for the move, such as employment or family support
• A detailed time sharing plan

Your proposal must show how your child will maintain a strong relationship with your co-parent. That may include weekend visits, extended summertime, or holiday schedules depending on the distance.

When You Already Live Far Apart

If you and your co parent already live in different areas, relocation rules still apply. The law becomes more fact specific in these situations.

You may want to move closer to your child or adjust an already long distance schedule. Even then, the safest step is to review your situation with a family law attorney before making changes. A move that seems minor to you may still affect your existing time sharing plan.

Florida courts now recognize the importance of shared parenting more than in the past. That means both you and your co-parent have equal standing when a move affects the child’s routine.

Who Pays for Travel?

When distance increases, travel expenses follow. Airfare, gas, and lodging add up quickly. The court will decide how those costs will be divided. In many cases, both you and your co-parent will share the expense. If you choose to relocate, the court may assign you a larger portion of the cost. The judge will look at income, the reason for the move, and what is in the best interest of your child.

Temporary Relocation for Urgent Situations

Sometimes timing matters. You may have a job offer with a firm start date or a sudden life change that requires quick action.

In those cases, you can ask for temporary relocation. This allows the court to make a short term decision while your full case is pending. The judge will later review everything in more detail before making a final ruling.

FAQs

What happens if I move without permission?
The court may order you to return your child and that decision will affect future custody and time sharing rulings.

Does the 50 mile rule apply to temporary moves?
Yes, if the move lasts 60 consecutive days or more, the law applies.

Will I have to pay all travel costs if I move?
Not always, but the court may assign you a larger share since you chose to relocate.