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A parent in Fort Lauderdale usually cannot relocate a child’s principal residence more than 50 miles for 60 consecutive days or more without either a written agreement from everyone entitled to time-sharing or access, or a court order under Florida Statute § 61.13001. The statute applies in divorce, paternity, and post-judgment parenting cases, and unilateral moves can lead to return orders, fee awards, and other sanctions.
Because relocation disputes usually affect the existing parenting schedule, they often overlap with disputes involving time-sharing and parental responsibility, especially when one parent wants to move far enough to disrupt school routines, exchanges, or midweek contact.
A proposed move can affect your parenting plan, school schedule, and long-term time-sharing rights. Ostrovsky Law helps Fort Lauderdale parents evaluate relocation risks early, prepare compliant filings, and respond quickly when the other parent objects. To discuss your options, contact our office or learn more about Danielle M. Ostrovsky.
Florida defines “relocation” as a change in the location of a parent’s or other person’s principal residence that is at least 50 miles from the residence used at the time of the last order establishing or modifying time-sharing, or at the time the pending case was filed. The move must also last at least 60 consecutive days, excluding temporary absences for vacation, education, or health care.
That means not every move triggers the statute. A move under 50 miles usually does not qualify as a statutory relocation, and a temporary school, vacation, or medical stay usually does not count as a relocation either. If the move would also require changing an existing order, the issue often turns into a broader modification case, not just a notice dispute.
This rule exists because relocation can significantly change a child’s routine and a parent’s practical ability to maintain meaningful contact. Even when a move seems reasonable from one parent’s perspective, the court still looks at how the move would affect the child’s relationship with the other parent.
The statute measures whether the new residence is at least 50 miles from the prior principal residence. The focus is the distance between those two residences, not commute time or driving inconvenience. Parents sometimes assume the rule is based on how long the drive feels in South Florida traffic, but that is not the legal test.
Because the 50-mile threshold can determine whether the relocation statute applies at all, distance should be checked carefully before a parent gives notice, signs a lease, or commits to a move date. Borderline situations deserve extra caution.
Measurement Examples
| From Fort Lauderdale Area | To Location | Approx. Straight-Line Miles | Likely Triggers Rule? |
| Downtown Fort Lauderdale | Miami | 25 | No |
| Fort Lauderdale | Boca Raton | 20–25 | No |
| Fort Lauderdale | West Palm Beach | 40–45 | Usually No, but verify exact addresses |
| Fort Lauderdale | Orlando | 175+ | Yes |
If everyone entitled to access or time-sharing agrees, the parties can sign a written agreement that reflects consent, sets the post-relocation schedule, and addresses transportation arrangements if needed. If there is already an existing case or order, the parties must seek ratification by court order.
If there is no agreement, the relocating parent must file a sworn petition to relocate and serve it on the other parent and every other person entitled to access or time-sharing. In some families, the underlying case is not a divorce at all, but a paternity matter involving an existing parenting plan or a pending request to establish one. In those situations, the relocation dispute often sits inside a larger paternity action.
Relocation disputes also tend to surface in the middle of larger family-law conflicts involving enforcement, support, or pending changes to the parenting plan. Judges usually look at that broader context, not just the stated reason for the move.
A relocation petition must be detailed, verified, and practical. At minimum, it should clearly state the intended new residence, the mailing address if different, the date of the proposed move, the reasons for relocation, and a proposed revised time-sharing schedule. If the move is based on a job offer that has been put in writing, the written offer must be attached. The petition must also include the statutory notice telling the other parent that a written objection must be filed and served within 20 days after service, or the relocation may be allowed without a hearing unless it is not in the child’s best interests. Transportation arrangements should also be addressed so the court can evaluate how the child’s relationship with the nonrelocating parent will be preserved.
A strong petition explains not just why the move benefits the relocating parent, but how the child’s relationship with the other parent can still be protected through a workable long-distance schedule. Vague relocation requests often invite stronger objections because they leave major questions unanswered.
Information a Strong Relocation Filing Should Cover
| Issue | Why It Matters |
| New city and residence details | Helps the court assess distance, stability, and logistics |
| Move date | Affects timing, objections, and hearing urgency |
| Reason for relocation | Shows whether the move is made in good faith |
| Revised parenting schedule | Shows whether continued contact is realistically possible |
| Transportation plan | Addresses travel burden, cost, and exchange logistics |
| School and child routine details | Helps the court assess stability and best interests |
If the parties agree, the relocation can usually move forward through a written agreement and court approval. The agreement should clearly state the revised parenting schedule, holiday-sharing plan, transportation responsibilities, and communication structure.
When parents are close to agreement but still disagree on logistics, mediation can help narrow the dispute before the case becomes more expensive and adversarial. Parents considering that option can read more about how Florida divorce mediation works, especially when the disagreement is more about structure than outright opposition.
An agreed relocation should still be drafted carefully. Informal side agreements often create future conflict when the move affects summer schedules, school breaks, airline costs, missed exchanges, or virtual contact expectations.
An objection must be verified and must include the factual basis for opposing the move, including the objecting party’s level of involvement in the child’s life. If a timely objection is filed, the relocating parent may not move until the court grants permission through a temporary hearing or final trial process.
This is also where relocation disputes can raise questions about which court keeps authority over the parenting case, especially if one parent is already planning to move out of county or out of state. If jurisdiction becomes part of the dispute, it helps to understand how Florida courts analyze family-law jurisdiction.
Once an objection is filed, the case usually becomes evidence-driven very quickly. School plans, transportation details, work schedules, prior time-sharing history, and the child’s needs usually matter more than broad emotional arguments.
Florida law does not create a presumption for or against relocation in a contested case. Instead, the court evaluates the statutory factors, including the child’s relationships, developmental needs, the feasibility of preserving the nonrelocating parent’s relationship through substitute time-sharing arrangements, the child’s preference when appropriate, the quality-of-life effect of the move, the parties’ reasons, economic circumstances, good faith, career opportunities for the objecting parent, and any history of domestic violence or substance abuse.
Because the court is evaluating the practical future of the parenting arrangement, relocation cases often rise or fall on the same facts that matter in other time-sharing disputes, including consistency, communication, school stability, and each parent’s day-to-day involvement.
High-Value Relocation Factors and Proof
| Factor | What the Court May Look For | Helpful Proof |
| Child’s relationship with each parent | Strength, consistency, involvement | Calendars, school records, photos, messages |
| Feasibility of preserving time-sharing | Whether long-distance contact can remain meaningful | Holiday schedule, flight options, travel budget |
| Child’s adjustment needs | School, community, emotional continuity | Report cards, counselor input, activity records |
| Good faith of the move | Whether the move is legitimate or tactical | Job offer, housing details, family support evidence |
| Quality of life impact | Educational, financial, or stability benefits | Salary documentation, school information, childcare plan |
The court may temporarily restrain the move, order the child returned if the relocation already happened, or enter other remedial relief if the petition is defective, if the child was moved without agreement or court approval, or if the evidence suggests the relocation is unlikely to be approved at final hearing. The court may also temporarily permit the move if the evidence supports that outcome.
Temporary hearings can become critical because they often shape the practical status quo while the case is pending. A parent who waits too long to respond may lose leverage, especially if school enrollment, housing, or travel arrangements start moving forward before the court rules.
A noncompliant relocation can become a basis to order the child’s temporary or permanent return. It can also support modification of the parenting plan or time-sharing schedule, and it can justify attorney’s fees and expenses in favor of the objecting party.
That is why relocation cases should be handled carefully before a parent signs a lease, enrolls a child in a new school, or accepts a transfer date that conflicts with the current parenting order. Many parents underestimate how quickly a relocation dispute can escalate once the other side claims the move was unilateral or made in bad faith.
A move can also have financial consequences if it changes overnights, travel expenses, or day-to-day parenting costs. In some cases, those issues end up intersecting with child support as well as time-sharing.
Broward County families usually handle relocation issues through the same court that already has jurisdiction over the parenting matter. That means a relocation dispute may be filed within an existing divorce or paternity case rather than as a separate standalone matter.
If the relocation issue arises while the broader family case is still active, the overall litigation posture matters. A parent dealing with relocation in the middle of a divorce may also need to think through how the issue fits into the larger Fort Lauderdale divorce case, especially where support, parental responsibility, and future modifications are all still in play.
Because relocation disputes can affect parenting plans, time-sharing, support, and final judgment language all at once, filing early and filing correctly usually matters more than trying to fix the issue later.
A parent should contact counsel as soon as relocation becomes a real possibility. Early legal review helps with distance analysis, timing, drafting a legally sufficient petition, preserving evidence, and avoiding an unnecessary violation of the current parenting order.
This is especially important when the move would affect school enrollment, long-distance transportation, or frequent time-sharing. Parents preparing for a first consultation can save time by gathering the information discussed in our guide on what to bring to a consultation.
Parents should not wait until after a lease is signed or a school transfer is underway. By that point, strategic options are often narrower, and the case may already be framed as a dispute over a unilateral decision.
The cost of a relocation case usually depends on whether the matter is agreed, contested but settled, or fully litigated through hearing or trial. A consent-based relocation is usually more efficient than a contested case because the legal work focuses on drafting, filing, and court approval rather than prolonged factual disputes.
A contested relocation case often costs more because it may involve emergency filings, temporary-hearing work, discovery, mediation, witness preparation, and trial preparation. Instead of treating cost as a flat number, it is usually more accurate to think of cost as tied to the complexity of the dispute, the amount of evidence needed, and how aggressively the other side contests the move.
If the relocation dispute is part of an effort to change an existing final judgment, the cost can also reflect the broader work involved in a post-judgment modification.
Relocation cases can change a child’s routine and a parent’s long-term role faster than many families expect. If you are considering a move or responding to one, Ostrovsky Law can help you assess the legal risk and next procedural step. Reach out through our contact page to request a consultation.
What is the 50-mile rule in Florida child custody cases?
Florida’s relocation law usually applies when a parent wants to move the child’s principal residence at least 50 miles for 60 consecutive days or more. The parent typically needs either a written agreement or a court order before moving.
How long does the other parent have to object to relocation in Florida?
When a relocation petition is properly served, the other parent has 20 days after service to file and serve a written objection. A timely objection can stop the move from happening until the court decides whether relocation should be allowed.
Can a Florida judge order a child returned after an unauthorized move?
Yes. If a parent relocates a child without the required agreement or court approval, the court can order the child returned and may also modify time-sharing or award attorney’s fees.
Does the relocation law apply in paternity cases too?
Yes. Florida relocation rules can apply in paternity cases when there is a parenting plan, a time-sharing order, or a pending case involving parental rights. These disputes are often part of a larger paternity case, not a separate issue standing alone.
Is relocation the same thing as modifying a parenting plan?
Not exactly, but the two are often connected. A relocation usually requires a new long-distance schedule, which is why many relocation disputes also involve a modification.
Danielle M. Ostrovsky is the founding partner of Ostrovsky Law, a boutique firm practicing exclusively in marital and family law across Broward, Palm Beach, and Miami-Dade Counties. Admitted to The Florida Bar in 2014, she handles divorce, alimony, timesharing, paternity, equitable distribution, and high-net-worth asset division — pairing aggressive courtroom advocacy with an empathetic, client-first approach. She has been named a Super Lawyers Rising Star every year since 2018.
