Miami Family Law Relocation Attorney — Navigating Florida's Complex Relocation Laws

What Is "Relocation" Under Florida Law?

The word "relocation" has a precise legal meaning in Florida, and it is not the same as "moving."

Legal Definition of Relocation

Under Florida's relocation statute and caselaw, relocation means a change in the location of the principal residence of a parent who has the majority of time-sharing — the residence the child primarily lives in — by at least 60 miles for at least 60 consecutive days.

The 60-Mile Rule

The distance threshold matters. Less than 60 miles is not a statutory "relocation" for the purpose of this law. More than 60 miles triggers the relocation framework — which requires either the other parent's consent or court approval. The measurement is between the current principal residence and the proposed new residence.

The 60-Day Rule

The move must last at least 60 consecutive days to qualify. A temporary absence — a vacation, a summer with grandparents, a medical treatment out of town — is not a relocation under the statute.

Temporary Absences vs. Relocation

This distinction protects parents from overreach: you can take your child on vacation or to visit family for weeks without triggering the relocation law. But a genuine change of residence over the 60-mile / 60-day threshold triggers the full statutory process.

The 60-Day Notice Requirement

If your move qualifies as a relocation, the law requires you to give the other parent 60 days' written notice before the move.

What the Notice Must Include

The notice must state, in writing:

• The intended new residence address
• The mailing address (if different from the physical address)
• The new telephone number
• The date of the proposed relocation
• The specific reasons for the relocation
• A proposed revised time-sharing schedule

How to Serve the Notice

The notice must be sent by certified mail — this is important, because certified mail creates a verifiable record of when the notice was given. That record can matter enormously in the proceedings that follow.

The 30-Day Response Window

The other parent has 30 days from receiving notice to file an objection. If the other parent does not object within 30 days, the relocation is presumed reasonable — and the relocating parent can move forward. If the other parent objects, the relocation requires a court determination.

When the Other Parent Consents

Drafting a Relocation Agreement

If the other parent agrees to the relocation, the agreement should be in writing. A written relocation agreement should specify the consent, the revised time-sharing schedule, and the practical arrangements that will preserve the child's relationship with the non-relocating parent.

Court Approval Requirements

Do not rely on a handshake. Florida law contemplates court approval of the relocation, and having the agreement entered as a court order makes it enforceable. Court approval protects both parents — the relocating parent from future claims of non-compliance, and the non-relocating parent from an agreement that never materializes.

Revised Time-Sharing Schedule

The written agreement (and the court order) must address the new reality: how the child will see the non-relocating parent after the move. Extended summer visitation, alternating school breaks, generous holidays, and structured remote communication all belong in a workable revised schedule.

When the Other Parent Objects

When the other parent files an objection within the 30-day window, the relocating parent must petition the court for approval.

Court Hearing Requirements

The court will hold a hearing to determine whether the relocation should be permitted. This is not a rubber stamp — it is a contested proceeding where the evidence matters.

The Relocating Parent's Burden of Proof

The burden of proof falls on the relocating parent. Florida law requires the relocating parent to show that the relocation is in the strict best interests of the child, and that a reasonable, meaningful time-sharing schedule for the non-relocating parent can be preserved. This is a high bar — and the entire basis for the strong warning about following the statute.

Factors the Court Considers

Florida's relocation statute and the surrounding case law identify the considerations the court weighs:

Nature of the Relationship with Both Parents

The court examines the child's relationship with each parent — the depth of the bonds, the level of involvement, and the emotional importance of each relationship to the child.

Impact on the Child's Development

The court evaluates how the move will affect the child's development, education, stability, and community ties. A new school, new friends, and a new environment are all factors.

Feasibility of Maintaining the Relationship

Can the child's relationship with the non-relocating parent survive the distance? Reasonable time-sharing, travel feasibility, and the parents' willingness to facilitate contact all matter.

Child's Preference (If Old Enough)

For children old enough to express a reasoned preference, the court will consider it — as a factor, not a deciding vote.

Relocation vs. Regular Time-Sharing Changes

Understanding the line between a routine adjustment and a relocation can prevent serious mistakes.

What If You Want to Relocate and Have Majority Time-Sharing?

Following the Relocation Statute

Even when you are the parent with the majority of time-sharing — especially when you are — you must follow the statute. Majority time-sharing does not give you license to move without consent or court approval.

Proposed Schedule Requirements

Your petition must include a proposed revised time-sharing schedule that meaningfully preserves the child's relationship with the other parent. A vague "we'll figure it out" proposal is not enough.

Mediation Requirements

In many relocation cases, courts require mediation before a hearing. Approaching mediation constructively — with a genuine, workable proposed schedule — improves your position and your child's outcome.

Common Relocation Scenarios

Job Opportunity in Another City

A significant career opportunity is one of the most common reasons for relocation — and one courts take seriously, provided the move genuinely benefits the child and the family's stability.

Family Support in Another State

Moving closer to extended family — grandparents, siblings — can be a legitimate basis for relocation, particularly when it strengthens the child's support network.

Military Deployment

Military families face unique relocation issues. Orders and deployments can require moves that conflict with parenting plans, and courts recognize the special circumstances.

Remarriage Requiring Relocation

A remarried parent who needs to move to join a spouse faces a contested evaluation of whether the relocation serves the child's strict best interests.