Relocating with Kids After Divorce? Know Florida’s 50-Mile Rule
Thinking about moving with your child after divorce Learn how Florida’s 50 mile rule affects parenting plans and what steps to follow

What Is the 50-Mile Rule?

In Florida, divorced or separated parents cannot relocate with their child more than 50 miles from their current residence for more than 60 days without a formal agreement or court approval. This is known as the 50-Mile Rule, and it’s outlined in Florida Statute §61.13001.

The rule is designed to protect both parents’ rights to shared custody and ensure that children continue to have meaningful relationships with both parents.

When Does the Rule Apply?

The 50-Mile Rule applies if:

  • A parent wants to move more than 50 miles away
  • The move is for 60 days or longer
  • There is a parenting plan or time-sharing agreement in place

It doesn’t apply to temporary travel (like vacations) or short-term changes due to illness or education.

To understand the basics of parenting plans, visit our Child Custody page.

The Legal Steps for Relocation

Option 1: Mutual Agreement

If both parents agree to the relocation, they must sign a written agreement that includes:

  • Consent to the move
  • A revised time-sharing schedule
  • Details about transportation arrangements

This agreement must be filed with the court and approved by a judge.

Option 2: File a Petition to Relocate

If the other parent does not agree, the relocating parent must:

  • File a Petition to Relocate with the court
  • Serve the other parent formally
  • Provide reasons for the move (job, family, safety, etc.)

The court will evaluate the request based on the child’s best interests. You can learn more about how the courts determine this on our Time-Sharing page.

What Judges Consider in Relocation Cases

When deciding, the court will look at:

  • The child’s relationship with both parents
  • The reasons for and against relocation
  • Educational and emotional benefits for the child
  • Whether the move improves the quality of life
  • How time-sharing will be maintained post-move

Why You Need a Family Law Attorney

Relocation cases are some of the most contested in Florida family courts. At Gisondo Law, we help parents navigate this process while protecting their rights and putting their child’s well-being first.

If you’re considering a move or responding to a relocation petition, contact us at 561-530-4568 for guidance and representation. Attorney Gisondo offers a free, initial, in-office consultation. You can also learn more about the divorce process on our Divorce page. To learn more about his Marriage and Family law practice please visit his website https://gisondolaw.com.

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