Florida Custody Relocation Law

Florida Relocation Law and Professionals

When a parent wants to move with a child—whether across the state or out of Florida—the law doesn’t just look at mileage. Florida has strict legal procedures for relocation , especially when parents share custody or time-sharing responsibilities. Whether you're planning a move or opposing one, understanding Florida’s relocation laws is essential to protecting your rights and your child’s well-being.

For Professionals :
We offer Continuing Legal Education ( CLE ) tailored specifically to Florida attorneys handling relocation cases, as well as Continuing Education ( CE ) courses designed for mental health professionals and court-appointed neutrals. View our full course catalog »

For Parents :
Access Florida-specific custody and relocation resources, clear guidance for navigating your case, and our professional directory featuring experienced Florida child relocation attorneys, mediators, mental health experts, and parenting coordinators. View our relocation attorney Florida directory here>> .

What Counts as a “Relocation” in Florida?

Under Florida Statutes § 61.13001 , “relocation” is defined as a move that is:

• More than 50 miles from the child’s current primary residence, and
• Lasting at least 60 consecutive days , not including temporary absences for vacation, education, or health care.

This law applies to all custody cases involving shared parental responsibility – even if one parent has the majority of time-sharing.

Pre-Decree vs. Post-Decree Relocation: What’s the Difference?

Pre-Decree Relocation: If you're in the middle of a divorce or custody case (no final orders yet), any relocation is typically handled as part of the initial parenting plan. There’s no separate petition required. The court will decide if a proposed move serves the child’s best interests when approving the overall plan. These cases offer more flexibility, since no permanent time-sharing schedule has been set.

Post-Decree Relocation: If a final custody/time-sharing order is already in place, the rules change significantly. The parent seeking to move must file a Petition to Relocate with a Child under § 61.13001(3) . This formal petition must include :

• Detailed reason for the move (e.g. a new job, family support)
• The intended new address and telephone number (if known)
• A proposed post-relocation time-sharing schedule and transportation plan for the child .

Once the petition is filed, the non-relocating parent has 20 days to object in writing . If no objection is filed in that 20-day window, the court may presume the move is in the child’s best interest and can approve the relocation without a hearing . If an objection is filed, a full evidentiary hearing or trial will be scheduled—at which the court applies a specific set of relocation-focused factors to decide the outcome.

Post-Decree Relocation: What Makes These Cases Unique ?

Once a parenting plan is in place, courts tend to favor stability and will carefully scrutinize any proposed move that disrupts an existing order. Post-decree relocation cases often involve deeper legal and emotional challenges. Here’s what sets them apart:

1. A Final Parenting Plan Is Already in Place. The court presumes the current arrangement is serving the child’s best interest. The parent requesting relocation must show why a significant change—like a long-distance move—is justified.
2. Florida Law Applies a Specific and Unique Multi- Factor Test. In contested relocation cases, the judge must evaluate the situation under § 61.13001(7) , considering factors such as:
   • The child’s relationship with both parents (and other significant people in the child’s life)
   • The impact of the move on the frequency and quality of the child’s contact with the non-moving parent (e.g. distance and travel logistics)
   • The child’s age, developmental stage, and special needs (and how the move would affect the child’s physical, educational, and emotional development)
   • The potential benefits of the relocation (for the child and relocating parent), such as improved quality of life, educational or job opportunities
   • Each parent’s motives for seeking or opposing the move (e.g. good faith reasons versus attempts to frustrate the other parent)
   • How well the proposed post-move plan would preserve the child’s relationship with the non-relocating parent (through visitation, virtual contact, etc.)

These relocation-specific considerations are different from the general custody factors under § 61.13 (the standard best-interest factors for all parenting plan cases). In other words, even a move that might benefit a parent must be weighed against these child-centric factors.

3. Expert Involvement Is Common. High-conflict relocation disputes often involve input from professionals. Courts may appoint or allow testimony from custody evaluators, social investigators, mental health experts, or require the parents to attend mediation to inform the decision. (See Court-Appointed Custody Professionals below for details on these roles.) Engaging these experts can provide the court with neutral insights into whether the move is truly in the child’s best interest and how a long-distance parenting plan might work.
4. Relocation Can Trigger Other Legal Actions. A relocation request may lead to cross-filings like motions to modify custody, adjust the parenting plan, or even changes in child support. If a parent relocates without following Florida’s procedures (e.g. moving without consent or court approval), they risk serious penalties – including loss of time-sharing, being held in contempt of court, or even a change in the child’s primary residence.

Relocation Cases Require Experienced Guidance

Whether you're seeking to relocate or fighting to prevent a move, Florida’s relocation laws are complex and time-sensitive — especially after a final custody order. Our team has extensive experience handling post-decree relocation cases, working with professionals like custody evaluators and parenting coordinators to keep the child’s best interests front and center. We understand the high stakes and unique legal standards involved, and we know firsthand the benefits of having an experienced Florida child relocation attorney by your side.

Hiring an Attorney vs. Representing Yourself

Given the gravity and life-long implications of relocating a child, these cases are far from “routine” custody matters. The specialized legal standards and the discretion afforded to judges in relocation cases can be daunting for even seasoned attorneys. While a few straightforward cases might be resolved pro se (without a lawyer), most relocation petitions are challenging to win without skilled legal help .

If you’re weighing self-representation versus hiring a lawyer, make sure you prepare. We offer a wealth of Florida-specific guidance for parents, including a free online Parent’s Guide to Child Relocation and a DIY Relocation Toolkit for Self-Represented Parents . These resources can help you understand the process and requirements before you decide. (Visit our Parents section for more information.)

If you decide that winning your relocation case is critical and you want professional representation, take the time to find the right attorney. Not all family law attorneys have experience with relocation cases. We recommend reviewing our tips on “Choosing the Right Attorney for a Relocation Case,” which covers key questions to ask when interviewing lawyers. You may also want to consult our Florida Child Relocation Attorney Directory – an online directory of attorneys who focus on child relocation matters in Florida. Choosing a lawyer who understands the nuances of relocation law can make a significant difference in how confidently and effectively your case is handled.

Court-Appointed Custody Professionals in Florida

Florida courts may appoint various neutral professionals to support families in high-conflict custody and relocation disputes. Each of these roles has a specific purpose under Florida law. Below is an overview of key court-appointed experts and neutrals – and how they may be used in a relocation case:

• Social Investigator ( Custody Evaluator ) – Statutory Authority: Florida Statutes § 61.20 ; Florida Family Law Rule 12.364 . Role: Conducts a social investigation and study of the family under court order, typically producing a written report with recommendations on parenting plans and time-sharing. In a relocation case, a social investigator evaluates how the proposed move might affect the child’s relationship with each parent and assesses the practicality of a long-distance time-sharing schedule. The investigator’s report can be a critical piece of evidence (and notably, it is admissible even if it might not meet normal evidence rules, per § 61.20(1)).
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• Court-Appointed Mental Health Expert – Statutory Authority: Florida Evidence Code §§ 90.702–90.704 (expert witness qualifications); Florida Family Law Rule 12.365 . Role: Provides a psychological or psychiatric evaluation of a parent or child as needed. In relocation disputes, a judge might appoint a mental health professional to assess a parent’s mental health, substance abuse history, or parenting capacity if those issues are raised. The expert’s findings can help determine whether a parent's desire to move (or the other parent’s opposition) is genuinely in the child’s best interest or if any psychological factors pose a risk to the child.
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• Family Mediator – Statutory Authority: Florida Statutes § 61.13(2)(b)(2) ; Florida Family Law Rule 12.741 . Role: A neutral third-party mediator helps the parents try to reach a voluntary agreement on disputed issues – here, primarily the relocation and revised time-sharing plan. Mediation is especially useful when both parties are open to negotiation and creative solutions (like a schedule with extended holiday time or frequent virtual visitation). In Florida, most courts require parents to attempt mediation before proceeding to trial for custody matters, including relocation disputes. Mediation isn’t explicitly mandated by statute in every relocation case, but it is broadly authorized by Florida law and routinely ordered by judges statewide as a step before a relocation trial. A successful mediation can save significant time, money, and stress by resulting in a mutually acceptable relocation plan without the need for the judge to decide.
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• Parenting Coordinator (PC) – Statutory Authority: Florida Statutes § 61.125 ; Florida Family Law Rule 12.742 . Role: A parenting coordinator is a neutral assigned to help parents implement their parenting plan and resolve disputes on an ongoing basis, typically after final orders are in place flcourts.gov . In relocation scenarios, if a move is approved, the court may appoint a Parenting Coordinator to assist the parents in managing the logistics of a long-distance parenting arrangement. The PC can facilitate communication, help iron out misunderstandings about the new schedule, and mediate smaller conflicts before they escalate. Parenting coordination is a child-focused, non-adversarial process; the coordinator’s goal is to reduce conflict and keep both parents working together for the child’s best interests, even from afar.
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Florida Custody & Relocation Resources

Whether you're seeking to establish a parenting plan or planning a move with your child, Florida provides a range of official resources to help guide you. From court-approved forms to self-help centers, these tools can make a complex legal process more manageable. Below are some essential Florida resources for custody and relocation cases:

• Court-Approved Forms for Custody and Relocation: Florida’s Supreme Court has approved standardized family law forms for custody and relocation matters. These forms are required in most family court proceedings and can be used with or without an attorney. Key forms include the Petition for Relocation with Minor Child(ren) (Form 12.950(a)), the Objection to Relocation (Form 12.950(d)), and the Standard Parenting Plan (Form 12.995(a)).
  Access all Florida Family Law Forms Involving Relocation » https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms/Involving-Relocation-12.950-Forms-A-J
• Florida Courts Self-Help Center: Florida’s state court system offers a Self-Help Center with user-friendly tools and information for individuals representing themselves. This includes guides on how to start a case, what to expect in court, and resources like the Florida Courts Help app. If you’re self-represented or preparing for mediation, the Self-Help Center can be an invaluable starting point.
  Self-Help Center – Florida Courts » Florida Courts – Self-Help Getting Started: https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Self-Help-Information/Getting-Started , and https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Self-Help-Information .
• County-Specific Resources: Each Florida county may have additional procedural rules, local forms, or detailed “relocation packets” for parties. For example, Broward, Miami-Dade, Hillsborough, and Orange counties provide downloadable instructions and checklists for relocation cases on the local clerk of court or court administration websites. Check your local Clerk of Court’s Family Law Division for county-specific requirements and resources. Often, counties require a local mediation session or have special forms for relocation beyond the state-approved ones.
  • Miami-Fort Lauderdale-West Palm Beach (Rank 10)
  • Tampa-St. Petersburg-Clearwater (Rank 17)
  • Orlando-Kissimmee-Sanford (Rank 22)
  • Jacksonville (Rank 39)
  • North Port-Sarasota-Bradenton (Rank 79)
  • Cape Coral-Fort Myers (Rank 82)
  • Palm Bay-Melbourne-Titusville (Rank 93)
  • Pensacola-Ferry Pass-Brent (Rank 100)
  • Port St. Lucie (Rank 106)
  • Tallahassee (Rank 108)
  • Naples-Marco Island (Rank 109)
  • Gainesville (Rank 124)
  • Deltona-Daytona Beach-Ormond Beach (Rank 89)

Continuing Education and Professional Development

Florida-Approved Continuing Legal Education (CLE) for Attorneys:
Florida attorneys involved in custody and child relocation cases can participate in CLE programs approved by The Florida Bar. These specialized courses cover topics such as Florida-specific relocation statutes, application of the "best interests of the child" standard, advanced negotiation techniques, and mediation strategies tailored for relocation matters.

Our 2 hour Florida Relocation Law course is narrowly tailored to the specific laws of Florida as it relates to pre and pos-decree relocation law. This is part of our 8 hour core CLE package for attorneys as part of a comprehensive education program for experienced Florida family law attorneys.

APA-Approved Continuing Education (CE) for Mental Health Professionals:
Mental health professionals (MHPs) serving families involved in custody and relocation disputes can access specialized CE programs accredited by the American Psychological Association (APA). These courses focus on psychological evaluations under Florida law, therapeutic interventions tailored to relocation-related stressors, and effective interdisciplinary collaboration within Florida’s family court system.

Our 8 hour CE package for court appointed mental health professionals is part of our comprehensive educational offerings for professionals involved in Florida child relocation cases.

Both CLE and CE programs ensure professionals remain knowledgeable about Florida’s legal requirements and evidence-based practices in relocation cases.

Podcasts for Parents and Professionals

Conveniently access detailed insights anytime, anywhere. Our podcast library serves both parents navigating the complexities of child relocation and professionals seeking focused, expert-level discussions.

Available on your favorite podcast platforms—stay informed, connected, and empowered with expert insights tailored for your needs.

Our Florida specific podcast is available now!

Need Help Navigating Florida’s Custody Process? Even with excellent forms and resources, relocation cases can be overwhelming—especially after a divorce is finalized. Our organization offers continuing legal education (CLE) for attorneys and continuing education (CE) for mental health professionals and court-appointed neutrals, focusing specifically on the unique aspects of relocations. Our goal is to ensure professionals have the knowledge to represent parents as effectively as possible given the life-long impacts of a child’s move.

If you’re a parent facing a potential relocation (or trying to prevent one), you don’t have to go it alone. Explore our educational materials and professional directory to find the support you need. From preparing a strong relocation petition or objection, to finding an experienced attorney or mediator , we’re here to help you navigate Florida’s relocation law so that you can focus on what matters most – the well-being of your child.