Florida Child Relocation Attorneys
Helping Parents Move Forward—Legally and Strategically
Whether you’re pursuing new career opportunities, seeking proximity to extended family, or prioritizing your child’s well-being, relocating more than 50 miles with a child in Florida requires careful legal planning. Florida Statute § 61.13001 governs all aspects of parental relocation and imposes strict procedural rules to protect the child’s best interests and preserve meaningful parent-child relationships.
At McGuire Megna Attorneys, we guide clients in Clearwater, St. Petersburg, Largo, Palm Harbor, and across Pinellas County through complex relocation matters—representing both relocating parents and those who oppose relocation. These are high-stakes cases that require detailed strategy, legal precision, and strong advocacy in court.
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Understanding Florida’s Relocation Law – § 61.13001
What Qualifies as “Relocation”?
Under Florida Statute § 61.13001(1)(h), relocation means a change in a child’s principal residence that:
- Lasts for 60 consecutive days or more, and
- Moves the child more than 50 miles from their current home (measured from the location at the time of the last custody or time-sharing order).
This rule applies even if the move is within Florida—and whether or not the child’s other parent currently exercises time-sharing.
Temporary moves for vacation, education, or health care do not qualify as relocation under this law.
Who Must Comply with the Relocation Statute?
The relocation statute applies to any parent or non-parent who has primary residential custody of a child by court order, including:
- Biological parents
- Adoptive parents
- Grandparents or other legal custodians with court-ordered time-sharing
- Legal guardians or “other persons” designated by the court
If you’re uncertain about whether the law applies to you, a consultation can clarify your obligations.
Two Legal Pathways to Relocate
1. Relocation by Agreement – § 61.13001(2)
Relocation is much simpler when both parties agree. If the non-relocating parent and any other party with time-sharing or visitation rights give written consent, you must:
- Prepare a written relocation agreement
- Include the new address, contact information, and relocation date
- Revise the time-sharing schedule
- File it with the court for ratification
This option avoids a court hearing and is often ideal for cooperative co-parenting relationships.
2. Relocation by Petition and Court Order – § 61.13001(3)
If there is no agreement, the parent wishing to move must file a verified relocation petition. This petition must:
- List the new city, address, and phone number
- State the reason for relocation, supported by evidence (job offer, family support, better schools, etc.)
- Propose a revised time-sharing schedule
- Detail the transportation arrangements for child exchanges
- Notify the other parent they have 20 days to object
If the other party objects, the court will hold an evidentiary hearing. At that hearing, the burden is on the relocating parent to prove the move is in the child’s best interests.
Strategic Factors Judges Consider – § 61.13001(7)
The court evaluates multiple relocation factors, including:
- Child’s relationship with both parents and siblings
- Age and developmental stage of the child
- Impact on educational, emotional, and social development
- Feasibility of maintaining a strong relationship with the non-moving parent
- Reason for seeking the move vs. reason for opposing it
- Employment and financial stability of both parents
- Quality of life improvement from the relocation
- History of abuse, neglect, or domestic violence
- Level of past parental involvement and cooperation
- Child’s preference, if age-appropriate and mature enough to express
Every relocation case is fact-specific. A strong presentation of your reasoning, readiness, and plan is essential—especially when facing opposition.
Key Procedural Deadlines and Pitfalls
- 20-Day Rule: The non-relocating parent must file a written objection within 20 days of being served, or the court may grant relocation by default.
- Incomplete Petitions: A relocation petition that lacks required elements may be dismissed without a hearing.
- Unilateral Moves: Relocating without court approval can result in sanctions, loss of custody, or a modification of the parenting plan.
The relocation process moves quickly—so should your legal strategy.
Why Choose McGuire Megna Attorneys for Your Relocation Case?
📍 Local insight: We’ve handled relocation cases in Clearwater, St. Pete, Largo, Dunedin, and across Tampa Bay.
🛡️ Balanced representation: Whether you’re seeking or fighting a move, we build fact-driven cases that align with § 61.13001 and focus on your child’s best interests.
📝 Precise filings: Relocation cases are won or lost on procedural accuracy. We draft petitions, objections, and evidentiary packages that hold up in court.
⚖️ Litigation-ready: If your case goes to hearing, we’re prepared with witnesses, documentation, and legal arguments tailored to your judge’s preferences.
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Frequently Asked Questions
Relocation cases can be emotionally charged and legally complex. Whether you’re hoping to move with your child or trying to prevent a move that would affect your parenting time, understanding your rights and obligations under Florida law is essential. Below, we’ve answered some of the most frequently asked questions about child relocation in Florida to help you navigate this process with clarity and confidence.
No, not without either written consent or a court order. Even if you’re the primary caregiver, the law requires compliance with § 61.13001 for moves over 50 miles.
You could face legal consequences including contempt, loss of time-sharing, and being ordered to return the child. Courts take unauthorized relocations seriously.
The distance is measured as a straight-line radius, not by driving distance. Even nearby moves could fall under the statute.
You still need their consent—or a court order. Courts consider actual parental involvement, but you can’t bypass the process based on non-compliance alone.
Only if the court grants a temporary order authorizing the move. These are rare and require strong justification.
Yes. If the move is longer than 60 days and over 50 miles, the statute applies—even in military or work-related contexts.
Yes, if you file a valid objection within 20 days and present evidence showing that the move is not in the child’s best interest.
If the parenting plan or final judgment predates Oct. 1, 2006 and contains specific relocation terms that conflict with § 61.13001, the court may honor the older agreement. It’s best to have it reviewed.