Can I Move Out of State With My Child After a Florida Divorce? Understanding Child Custody Laws
- Alyssa Vinson
- Jul 13
- 6 min read
Life after a divorce is rarely static. Whether it is a new job opportunity, the desire to be closer to extended family, or a fresh start with a new partner, many parents find themselves wondering if they can relocate to a different state with their children.
However, in the eyes of Florida’s child custody laws, moving a child more than 50 miles away (as the crow flies - a straight line) from their residence at the time of the last court order on timesharing is not a simple weekend decision. It is a legal process governed by strict statutes designed to protect the rights of both parents and, most importantly, the best interests of the child.
At Vinson Law Firm, we provide strong advocacy and compassionate counsel to parents in Tavares, Lake County, and throughout Central Florida who are navigating the complexities of relocation. Whether you are the parent seeking to move or the parent trying to prevent a move that would disrupt your bond with your child, understanding the legal framework is your first step.
The 50-Mile Rule in Florida Child Custody Laws
Florida law is very specific when it comes to "relocation." Under Florida Statute 61.13001, relocation is defined as a change in the location of the principal residence of a parent or other person from their primary residence at the time of the last order establishing timesharing.
This change must be at least 50 miles away from that residence and must be for at least 60 consecutive days (not including temporary absences for vacation or education). The 50 miles is measured "as the crow flies" or a straight line distance.
If your move falls under these criteria, you cannot simply pack up and go. Doing so without legal authorization can result in a court order requiring the return of the child, a finding of contempt, and can even be used against you in future proceedings regarding child custody laws and timesharing modifications.
How to Relocate by Agreement
The most straightforward way to move out of state, or more than 50 miles, is through a written agreement between both parents. If you and the other party are on good terms and have reached an understanding regarding how the move will affect visitation and travel costs, you can file an Agreement to Relocate.
To be legally binding under Florida’s child custody laws, this agreement must, among other provisions:
Reflect the consent of both parents (and any other person with timesharing rights).
Include a proposed new time-sharing schedule.
Detail how transportation for visits will be handled and who will bear the costs.
Once this agreement is filed with the court and a judge signs off on it, the move is legally authorized. This is often the ideal path, as it minimizes conflict and allows the family to move forward with clarity.
What Happens if the Other Parent Objects?
If the other parent does not agree to the move, the situation becomes a "contested relocation." This is where the complexities of child custody laws truly come into play. The parent wishing to move must file a formal Petition to Relocate.
This petition is a legal document that must be served on the non-moving parent. It must include, among other information,:
The physical address of the intended new residence.
The date of the intended move.
The specific reasons for the move (e.g., a written job offer).
A proposed post-relocation timesharing schedule.
The other parent has 20 days to file a formal objection. If they fail to do so, the court will likely grant the relocation, unless the court finds the move is not in the best interests of the child. However, if the other party does object, the case will be set for a hearing or trial.
Factors the Court Considers Under Florida Child Custody Laws
When a judge is asked to decide whether a child should be allowed to move more than 50 miles, they do not look at what is best for the parent; they look at the best interests of the child.
Florida courts evaluate several factors when weighing a relocation request, including:
1. The Nature of the Relationship
The court examines the involvement and bond the child has with both the moving parent and the non-moving parent, as well as siblings and other significant people in the child’s life. If a move would effectively sever a deep bond with the non-moving parent, the court may be hesitant to approve it.
2. The Impact on the Child's Development
How will the move affect the child’s physical, educational, and emotional development? Judges look at the quality of schools, specialized medical care, or extracurricular opportunities available in the new location compared to the current one.
3. The Feasibility of Preserving the Non-Moving Parent's Relationship
A crucial part of child custody laws regarding relocation is whether a substitute timesharing schedule can adequately maintain the relationship with the parent staying behind. This might include longer summer visits or more frequent holiday time to make up for the loss of regular timesharing.
4. The Reasons for the Move (and the Opposition)
Is the move intended to improve the family's quality of life, or is it an attempt to spite the other parent? Conversely, is the other parent objecting because they truly value their timesharing, or are they simply trying to control the other party?
5. Financial Considerations
The court will look at whether the move will enhance the financial stability of the parent and child. However, a better-paying job is not a "golden ticket" to move; it is simply one piece of the puzzle.
The Burden of Proof in Relocation Cases
In these proceedings, the parent wishing to move carries the initial "burden of proof." They must prove by a preponderance of the evidence that the relocation is in the child’s best interest. If they meet this burden, the parent opposing the move must then prove that the move is not in the child's best interest.
Because the stakes are so high—affecting where your child sleeps, where they go to school, and how often they see their parents—having an attorney who specializes in child custody laws is vital.
Temporary Orders: Moving Before the Final Trial
Sometimes, a move is urgent (e.g., a job starts in two weeks). In these cases, you can request a Temporary Order to relocate. However, Florida courts are traditionally cautious. A judge will only grant a temporary move if the petition to relocate was filed correctly and the evidence strongly suggests the move will eventually be approved at the final hearing.
It is important to note that moving on a temporary order is not a guarantee of a permanent move. If the judge later decides the move isn't in the child's best interest, you may be ordered to move the child back.
Why You Need Vinson Law Firm for Your Relocation Case
Navigating the intersection of life changes and child custody laws requires more than just a knowledge of the statutes; it requires a strategic approach.
At Vinson Law Firm, we understand that these cases are deeply personal. Alyssa Vinson and our legal team combine deep legal knowledge with genuine care for our clients. We assist our clients by:
Drafting Precise Petitions: Ensuring every legal requirement is met to avoid immediate dismissal.
Developing Timesharing Solutions: Creating creative schedules that satisfy the court’s requirement to maintain the child’s bond with both parents.
Providing Strong Advocacy in Court: If your relocation is contested, we fight to ensure the judge sees the full picture of what is best for your child’s future.
For more information on navigating the Florida legal system, you can consult resources from the Florida Bar’s Family Law Section or view the Florida Supreme Court’s Approved Family Law Forms.
Protecting Your Future and Your Peace of Mind
Whether you are looking to start a new chapter in a different state or you are fighting to keep your child close to home, the decisions made in court today will echo for years to come. Do not leave your family’s future to chance.
If you are facing a relocation issue, contact Vinson Law Firm today. With over 45 years of combined experience, our attorneys are ready to guide you forward with confidence and strength.
Call us today at (352) 609-8005 or request a consultation online. Together, we will navigate the complexities of Florida’s child custody laws to protect what matters most.