A job offer, new relationship, or family support network may make a move attractive. When a child is involved, address the relocation process before signing a lease, changing schools, or arranging a permanent departure.
The distance and duration threshold
The statutory definition generally concerns a change in a parent's or other person's principal residence of at least 50 miles from the specified baseline residence for at least 60 consecutive days. Certain temporary absences for vacation, education, or the child's healthcare are excluded. Exactly 50 miles can qualify. Fla. Stat. § 61.13001(1)(e) (2026).
Review the last time-sharing order and any pending action to identify the correct baseline. A move below the statutory threshold may still conflict with existing scheduling or school provisions. Bring the entire parenting plan to counsel rather than relying on a distance estimate alone.
Consent must address the new arrangement
Relocation by agreement requires a signed writing involving the parents and every other person entitled to access or time-sharing. It must reflect consent, define replacement access or time-sharing, and describe transportation arrangements if necessary. When an existing case, judgment, or decree addresses residence or time-sharing, the parties must seek court ratification. A party may request a hearing in writing within 10 days after the agreement is filed; absent a timely request, the statute permits ratification without an evidentiary hearing. Fla. Stat. § 61.13001(2) (2026).
Discuss airfare, driving, school breaks, advance booking, missed connections, and who accompanies a young child. A verbal understanding that the other parent can “visit whenever” leaves important questions unanswered. A useful agreement should be workable even after the parents disagree.
A contested relocation requires specific pleadings
Without agreement, the relocating party must file and serve a verified petition containing required destination information, reasons, a proposed date, revised scheduling and transportation, and the statutory warning. A written job offer must be attached when relied on. Objections must be verified, filed, and served within 20 days after service. A timely objection requires court permission before relocation. Fla. Stat. § 61.13001(3), (5) (2026).
If served, calendar the deadline immediately. Gather the petition, current order, and evidence of your involvement with the child. An objection should explain the concrete effect of the move, rather than simply express opposition to it.
Prepare a child focused proposal
There is no presumption for or against a contested relocation that materially affects the existing schedule. The relocating party must first prove by a preponderance of the evidence that relocation is in the child’s best interests. If that burden is met, the objecting party must prove by a preponderance that the proposed relocation is not in the child’s best interests. The court evaluates the statutory relocation factors, not merely whether the move benefits the relocating adult. Fla. Stat. § 61.13001(7)–(8) (2026).
Compare schools, housing, childcare, family support, costs, and realistic travel schedules. The relocating parent should explain how the other relationship will be maintained. The objecting parent should offer practical alternatives and document existing participation. Do not treat filing as approval to leave. Ask about temporary relief before making commitments that depend on the child moving.
What to bring to a consultation
- The entire parenting plan and all relevant orders
- any petition and service papers
- proposed destination and dates
- written job offers
- school and housing comparisons
- travel costs
- and a replacement contact schedule
When to act promptly
An objection must be verified, filed, and served within 20 days after service of the relocation petition. Do not treat silence or filing alone as permission to move; obtain advice about an agreement, court order, or temporary relief.
Contact The Desai Firm at (904) 563-6952 or pd@desaifirm.com to discuss a proposed relocation or objection.