A job offer arrives from a firm in Atlanta. A parent receives a text saying the other parent is relocating to Tampa with the children in six weeks. A family support network three states away makes staying in Miami increasingly hard to justify. These moments carry immediate legal consequences in Florida, and the rules governing them changed significantly on July 1, 2023, when HB 1301 reshaped how courts approach parenting plans across the state. What applied to a relocation case two years ago may not describe the legal landscape your case sits in today.
Florida’s parental relocation statute, Fla. Stat. § 61.13001, has always been detailed and demanding. The 2023 amendments layered new presumptions onto that framework in ways that directly affect both the parent who wants to move and the parent who intends to object. We’ve handled these cases on both sides at Orshan, Spann & Fernandez-Mesa, and we’ve watched the post-2023 shift change what parents need to prepare from the first conversation.
What Counts as Relocation Under Florida Law
Under Fla. Stat. § 61.13001, relocation means a change in the principal residence of a parent or other person designated in a custody order by at least 50 miles from their current residence for a period of at least 60 consecutive days. Both thresholds must be met. A move from Miami to Boca Raton that clears 50 miles but is framed as temporary doesn’t trigger the statute. Neither does a 100-mile move for a medical procedure or a semester abroad.
What many parents don’t realize is that the statute applies not only after a final custody order is entered, but also while a divorce or custody proceeding is still pending. A parent who moves during active litigation without following the relocation process faces the same legal consequences as one who moves after a final order is in place.
How the 2023 Time-Sharing Law Changed the Relocation Equation
HB 1301 took effect July 1, 2023. Its most consequential change for relocation cases is the rebuttable presumption that equal, 50/50 time-sharing is in every child’s best interests. That presumption now operates as the starting point whenever a court considers a new or modified parenting plan, including one triggered by relocation. A relocating parent isn’t just asking permission to move. They’re asking a court to depart from a legal starting point that favors equal time with both parents.
The 2023 law also removed a longstanding procedural barrier for the non-relocating parent. Before HB 1301, a parent seeking to modify a parenting plan had to show that the change in circumstances was unanticipated at the time the original order was entered. That requirement is gone. A non-relocating parent can now file a modification petition based on any substantial and material change in circumstances, and the relocation itself qualifies. This means a relocation event can trigger two overlapping proceedings simultaneously: the petition to relocate and the other parent’s own modification action.
One additional wrinkle: HB 1301 specifically provides that a parent moving closer to the child within 50 miles can itself constitute a substantial and material change justifying modification. This affects negotiation dynamics, since a non-relocating parent’s willingness or ability to move closer is now a recognized legal factor in reshaping a parenting plan.
The Two Paths: Agreement vs. Contested Petition
When a parent wants to relocate, Florida law offers two procedural routes. Which one applies depends entirely on whether the other parent agrees.
The Agreement Path
If both parents consent, they must execute a written agreement that confirms consent, sets out a revised time-sharing schedule reflecting the new geography, and addresses transportation logistics, including who bears the cost of travel between households. That agreement must then be filed with the court. A 10-day window follows during which any signatory can request a hearing if they change their mind. Once that window closes without objection, the court can ratify the agreement without a full hearing. Many parents assume a verbal agreement is enough. It isn’t. The written filing requirement exists precisely because informal arrangements break down, and a parent who moved based on a handshake may find the move treated as unauthorized if the other parent later claims consent was never formalized.
The Contested Petition Path
Without agreement, the relocating parent must file a sworn Petition to Relocate with Minor Child. That petition must include the new address and phone number, the intended move date, the specific reasons for relocation along with any written documentation such as a job offer, a proposed revised time-sharing schedule, and a detailed transportation plan. The petition must be formally served on the other parent. Not just emailed or texted. From the date of service, the non-relocating parent has exactly 20 days to file a written objection. Missing that deadline has serious consequences: under Fla. Stat. § 61.13001(3)(d), the court can approve the relocation without holding a hearing at all. The 20-day window isn’t advisory. It’s a forfeiture deadline.
A petition that’s formally deficient (missing required elements like the proposed time-sharing schedule or transportation plan) can itself become a procedural issue. A non-relocating parent whose attorney identifies those deficiencies has grounds to challenge the sufficiency of the petition before the merits are ever reached.
How Florida Courts Decide Whether to Allow a Move
Relocation hearings follow a staged burden-of-proof structure. The relocating parent carries the first burden: they must demonstrate by a preponderance of the evidence that the relocation is in the child’s best interests. Only after that threshold is cleared does the burden shift to the non-relocating parent to show the move isn’t. Courts move through these stages in order, which means a relocating parent who fails the initial burden loses before the other parent needs to present anything substantial.
Fla. Stat. § 61.13001(7) lists the specific factors a court must weigh. These include:
- The child’s relationship with each parent and with siblings, extended family, and the current community
- The child’s age and developmental stage and the likely impact the move would have given those factors
- The feasibility of a revised time-sharing schedule that preserves the non-relocating parent’s relationship with the child in a meaningful way
- The child’s preference, weighted according to maturity and capacity to form a reasonable preference
- Career or financial benefits to the relocating parent and the extended family, including whether the move improves the child’s economic circumstances
- Any history of domestic violence or substance abuse by either party
- The reasons each parent is advancing, including whether the relocating parent’s stated reasons are genuine or whether the move is designed to interfere with the other parent’s relationship with the child
Under the 2023 framework, the relocating parent must do more than justify the move on its own terms. Because Florida courts now begin any parenting plan analysis with the rebuttable presumption of equal time-sharing, a relocating parent asking a court to approve a long-distance schedule faces a higher practical bar than courts applied before July 2023.
What Happens If a Parent Moves Without Court Approval
Relocating without written consent or court approval is one of the more consequential mistakes a parent can make in a custody case. Under Fla. Stat. § 61.13001(3)(e), a parent who moves in violation of the statute may be held in contempt, ordered to return the child to Miami-Dade immediately, and have that noncompliance factored against them in any custody or modification proceeding that follows.
The non-relocating parent’s response options are significant. They can file an emergency motion for the child’s return, seek a modification of custody on grounds that the unauthorized move violates the existing parenting plan, and pursue contempt charges that can include fines or a court-ordered change in primary custody. Florida courts have consistently treated unauthorized relocation as evidence of unwillingness to support cooperative co-parenting, and that characterization carries real weight in best-interests determinations. The parent who moved without permission often finds themselves defending not just the move, but their entire approach to the co-parenting relationship.
Relocation Cases in Miami: What to Expect
Relocation matters in Miami-Dade are heard by the Family Division of the Eleventh Judicial Circuit at the Lawson E. Thomas Courthouse Center, located at 175 NW 1st Avenue in Miami. Motions are filed with the Family Division Clerk on the 12th floor or electronically through myflcourtaccess.com and must be scheduled through courtMap at least seven days before the motion calendar date. Parents representing themselves can access a relocation packet through the Eleventh Judicial Circuit Family Court Self-Help Program, which provides paralegal review and calendar-setting for an $85 service fee plus a separate $50 Clerk of Court filing fee.
Florida law treats relocation petitions as scheduling priorities, so contested relocation hearings reach the court calendar faster than standard modification proceedings. Even so, the 20-day objection deadline, the expedited scheduling, and the risk of a simultaneous modification petition mean that a parent who waits several weeks before consulting an attorney may have already lost procedural ground. Whether you’re considering a move or you’ve just received a petition, where you stand under the post-2023 framework matters immediately. Our attorneys represent parents on both sides of these cases throughout Miami-Dade and neighboring counties. Call us at (305) 853-9161 to assess your position before the clock runs out.