Florida’s 50 Mile Relocation Rule Explained for Orange County Parents
A new job offer, a remarriage, or a desire to be closer to extended family can all prompt a parent to think about moving. But once a Florida parenting plan is in place, packing up and leaving is not always a simple decision. Orlando divorce lawyers frequently hear from parents who did not realize that Florida treats certain moves as a legal event requiring notice, consent, or court approval. If you are an Orange County parent considering a move, understanding the state’s relocation statute before you make plans can save you significant stress later.
What Counts as a Relocation
Florida law does not regulate every move a parent makes. Under Florida Statute 61.13001, a relocation is defined as a change in a parent’s principal residence of at least 50 miles, lasting at least 60 consecutive days. Short trips for vacation, education, or medical care do not count toward that 60 day window. But if you are planning to permanently move your household more than 50 miles from your current address, the statute applies, even if the new home feels like a reasonable drive away.
It is worth noting that the 50 mile distance is generally measured as a straight line from the current residence, not as driving distance. A move that looks close on a map, or that only adds a few minutes to a commute, can still trigger the statute depending on geography.
Two Paths to a Lawful Move
Florida gives parents two ways to relocate lawfully. The first is by agreement. If every parent and any other person entitled to time sharing consents to the move, the parties can sign a written agreement that addresses transportation and an updated time sharing schedule, then submit it to the court for approval.
The second path applies when there is no agreement. The relocating parent must file a petition with the court, and the other parent has a limited window to file a written objection. If an objection is filed, the relocating parent generally carries the burden of showing the move is made in good faith and serves the best interests of the child. A judge weighs several factors, including the child’s relationship with each parent, the reasons for and against the move, and how the change would affect the child’s development and stability.
Why Skipping the Process Is Risky
Some parents assume that if the other parent will not agree, they can simply move and sort out the details afterward. This is one of the more common and costly missteps in Orange County family law cases. Relocating without consent or court approval can result in a contempt finding, an order requiring the child to be returned, or a modification of the existing time sharing arrangement in favor of the other parent.
Whether you are the parent hoping to relocate or the parent concerned about a proposed move, the process is technical, and deadlines matter. An Orlando divorce lawyer can review your parenting plan, help prepare the required notice or petition, and represent your interests if the other parent objects.
If a move is part of your future plans, do not wait until the boxes are packed to get legal guidance. An Orlando family lawyer at Donna Hung Law Group can walk you through what the statute requires and help you protect your relationship with your child. Call 407-999-0099 or contact us online to schedule a consultation.
