Florida Parental Relocation Rules: A Guide to Statute 61.13001

Table of Contents#

1. What Is Florida Statute 61.13001?
2. When Do Relocation Rules Apply?
3. Step-by-Step Legal Relocation Process Under 61.13001
4. What Happens If the Other Parent Objects to Relocation?
5. Penalties for Violating Statute 61.13001
6. Frequently Asked Questions
7. Final Takeaways
8. References

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What Is Florida Statute 61.13001?#

Florida Statute 61.13001 is the official state law governing parental relocation with minor children. Its core purpose is to balance a parent's right to move for personal or professional reasons with the child's right to maintain frequent, continuing contact with both parents. All decisions made under this statute prioritize the best interest of the child above the preferences of either parent.

The law applies to all parents with court-ordered custody or time-sharing rights, regardless of whether they are labeled the "primary" or "secondary" residential parent in their existing order. There is no presumption in favor of or against relocation—each case is evaluated on its specific facts.

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When Do Relocation Rules Apply?#

Statute 61.13001 only applies if your planned move meets both of the following criteria:

1. The move is more than 50 miles from your child's current official residence (as listed in your most recent court-ordered time-sharing agreement). The distance is measured in a straight line between two points, without regard to intervening obstacles or the actual route of travel.
2. The move will last 60 consecutive days or longer (excluding temporary absences for vacation, education, or health care)

Exceptions to the Rule#

You do not need to follow the formal 61.13001 process for:

• Temporary moves shorter than 60 days (e.g., summer vacations, medical stays, temporary work assignments)
• Moves of less than 50 miles, even if permanent
• Moves that are already explicitly approved in your existing custody order
• Relocation before the filing of a lawsuit to establish time-sharing (though bad faith relocation may be addressed by the court)

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Step-by-Step Legal Relocation Process Under 61.13001#

There are two legally valid paths to relocate with your child in Florida:

Option 1: Signed Written Agreement (Fastest, Lowest Cost)#

If the other parent supports your move, you can avoid court hearings by drafting a formal signed agreement that includes:

• Consent to the relocation
• A revised time-sharing schedule that outlines when the non-relocating parent will have access to the child
• A plan for transportation (e.g., who covers travel costs, where drop-offs/pickups will occur) to accommodate the new distance
• Signatures from both parents, and if applicable, the child's guardian ad litem

Once signed, you must submit the agreement to your local family court for ratification. If there is an existing cause of action, judgment, or decree pertaining to the child's residence or time-sharing, the court may ratify the agreement without an evidentiary hearing unless a hearing is requested in writing within 10 days after the agreement is filed.

Option 2: Formal Petition and Court Approval (If No Agreement)#

If the other parent does not support the move, you are required to file a petition to relocate with the court and serve it on the other parent at least 60 days before your planned move date. The petition must be served via certified mail, restricted delivery, return receipt requested, so you have proof of delivery.

Per 61.13001, the petition must include all of the following information to be valid:

1. Your intended new full address and mailing address (if different)
2. The home telephone number of the intended new residence, if known
3. The exact date you plan to relocate
4. A detailed, factual explanation for why you are relocating (e.g., a 30% pay increase at a new job, access to specialized medical care for your child, free childcare from extended family). If one reason is a job offer that has been reduced to writing, the written job offer must be attached.
5. A proposed revised time-sharing schedule
6. A proposed transportation plan for the non-relocating parent to exercise their time-sharing rights
7. A sworn statement signed under oath or affirmation under penalty of perjury

The petition must also include a specific warning statement in capital letters informing the other parent that they have 20 days to file a written objection with the court.

If the other parent does not file a formal objection with the court within 20 days of receiving the petition, you are legally permitted to relocate as planned.

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What Happens If the Other Parent Objects to Relocation?#

If the non-relocating parent files a written objection with the court within the 20-day window, a judge will schedule a formal hearing to decide if the move is allowed.

Burden of Proof#

• First, the relocating parent must prove by a preponderance of the evidence that the move is in the child's best interest
• If that burden is met, the non-relocating parent must prove by a preponderance of the evidence that the proposed relocation is not in the child's best interest

Factors the Court Considers#

Judges evaluate the following criteria to make their decision:

1. The nature, quality, extent of involvement, and duration of the child's relationship with each parent, siblings, half-siblings, and other significant persons in the child's life
2. The child's age, developmental stage, needs, and likely impact of the move on their physical, educational, and emotional development, including any special needs
3. The feasibility of maintaining the non-relocating parent's time-sharing rights, accounting for travel costs, distance, and both parents' work schedules and financial circumstances
4. The child's stated preference, taking into consideration the age and maturity of the child (Florida courts typically consider input from children aged 12 and older, though there is no specific age requirement in the statute)
5. Whether the relocation will enhance the general quality of life for both the parent and child, including financial or emotional benefits or educational opportunities
6. The reasons each parent is seeking or opposing the relocation
7. The current employment and economic circumstances of each parent and whether the proposed relocation is necessary to improve the relocating parent's economic circumstances
8. Whether the relocation is sought in good faith and the extent to which the objecting parent has fulfilled financial obligations including child support, spousal support, and marital property and debt obligations
9. The career and other opportunities available to the objecting parent if the relocation occurs
10. Any history of substance abuse or domestic violence by either parent, including the severity of such conduct and any attempts at rehabilitation
11. Any other factors affecting the best interest of the child

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Penalties for Violating Statute 61.13001#

Relocating without following the requirements of 61.13001 can lead to severe legal consequences, including:

• An immediate court order to return the child to their original residence
• Contempt of court charges, which can result in fines or jail time
• A reduction or full revocation of your time-sharing or parental responsibility rights
• An order requiring you to pay all of the non-relocating parent's attorney fees and court costs related to disputing the illegal move
• In extreme cases, misdemeanor or felony charges for parental kidnapping

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Frequently Asked Questions#

Q: Can I move less than 50 miles without notifying the other parent?#

A: You are not required to follow the formal 61.13001 process, but it is recommended to notify the other parent as a courtesy, especially if the move will impact drop-off/pickup locations for time-sharing.

Q: What if I need to move in less than 60 days for an emergency?#

A: You can file a petition for an expedited court hearing to request permission for a fast move for emergencies (e.g., sudden job loss, medical crisis for a family member). You still must notify the other parent of the planned move as soon as possible.

Q: Do I have to pay for the non-relocating parent's travel to see the child?#

A: The judge may order you to cover all or a portion of travel costs depending on your income, the reason for the move, and the non-relocating parent's ability to pay.

Q: Does 61.13001 apply if there is no formal custody order in place?#

A: If paternity has been legally established, the law still applies, and you are required to provide notice to the other parent before relocating.

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Final Takeaways#

Florida Statute 61.13001 is designed to protect both children and parents during relocation. To avoid costly legal mistakes:

1. Always try to negotiate an amicable agreement with the other parent first, if possible
2. Never relocate without following the formal notice or court approval requirements, even if you believe the move is best for your child
3. Consult a Florida family law attorney specializing in custody cases if you face an objection to your move or need help drafting your notice or agreement

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References#

1. Florida Legislature. (2025). Florida Statute 61.13001: Parental relocation with a child. Retrieved from https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html
2. Florida Courts. (n.d.). Self-Help Information: Family Courts. Retrieved from https://www.flcourts.gov/Services/Family-Courts/self-help-information