Can I Move Out of State With My Child After Divorce in Florida?
Florida relocation laws require court approval or the other parent's consent to move 50+ miles with your child. Learn the requirements.
Can I Move Out of State With My Child After Divorce in Florida?
Quick Answer: You cannot simply move out of state with your child. Under F.S. 61.13001, Florida law requires either the other parent's written consent or court approval for any move of 50+ miles that lasts 60+ days.
Florida's Relocation Law (F.S. 61.13001)
F.S. 61.13001 strictly regulates parental relocation. The statute states that no parent shall relocate without either a written agreement or court permission.
Relocation is defined as (F.S. 61.13001(1)(e)):
- Moving 50+ miles from your current principal residence
- For a period of 60+ consecutive days
- Does NOT include temporary absences for vacation or education
You Have Two Options
Option 1: Get Written Consent
The other parent agrees in writing to:
- The relocation
- A modified time-sharing schedule
- Transportation arrangements
File the agreement with the court to modify your parenting plan.
Option 2: Petition the Court
If the other parent won't consent:
What the Court Considers (F.S. 61.13001(7))
Under F.S. 61.13001(7), courts must evaluate these statutory factors:
Timeline for Relocation Cases
| Stage | Timeline |
|---|---|
| File Petition | Day 1 |
| Serve Other Parent | Within 20 days |
| Response Deadline | 20 days from service |
| Hearing (if objected) | 30-90 days |
| Judge's Decision | At or after hearing |
What You Need to Prove
To get court approval, you should show:
- Legitimate reason for move (job, family, etc.)
- Move is in good faith (not to interfere with other parent)
- Proposed plan to maintain child's relationship with other parent
- How you'll handle transportation and costs
Consequences of Moving Without Permission
Moving without consent or court approval can result in:
- Court ordering you to return with the child
- Modification of custody in favor of other parent
- Contempt of court charges
- Criminal parental interference charges
- Damage to your credibility in custody matters
Emergency Situations
If you're fleeing domestic violence:
- Seek an injunction for protection
- Request temporary relocation in the injunction
- Courts make exceptions for safety
Get Legal Help Before Moving
Relocation cases are complex and high-stakes. Schedule a $95 Strategy Session before making any decisions.
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Ready to Take Action?
Based on what you're reading, these services may help:
Relocation Petition
$795F.S. 61.13001 compliant filing
Modify Parenting Plan
$695Modification petition + E-Filing
Strategy Session
$9530-minute call to assess your situation
All services include attorney review. Court filing fees not included.
About the Author
Antonio G. Jimenez, Esq.
Florida Bar #21022 · 20+ Years Experience · LL.M. Trial Advocacy
Antonio is the founder of Resolute Divorce Law and creator of Victoria AI OS. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.
Frequently Asked Questions
Can I move out of Florida with my child after divorce?
Only with the other parent's written consent or court approval. Under F.S. 61.13001, Florida requires permission for any move of 50+ miles lasting 60+ consecutive days. Moving without approval can result in being ordered to return, custody modification, and contempt charges.
What is considered relocation under Florida law?
Under F.S. 61.13001(1)(e), relocation is moving your principal residence 50 or more miles from your current residence for 60 or more consecutive days. This applies whether moving within Florida or to another state. Temporary absences for vacation or education don't count.
What happens if I move with my child without permission in Florida?
Under F.S. 61.13001, moving without permission violates the statute and can result in: being ordered to return the child, custody modification favoring the other parent, contempt of court, potential criminal parental interference charges, and severely damaged credibility in custody matters.
How do I get permission to relocate with my child in Florida?
Under F.S. 61.13001, you have two options: (1) Get written consent from the other parent and file a modified parenting plan, or (2) File a Petition to Relocate. If the other parent objects within 20 days, a judge will hold a hearing and apply the 9 statutory factors in F.S. 61.13001(7).
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