What You Need to Know Before You Pack the Boxes
A friend of mine got divorced and her first instinct was to pack up and move clear across the country—new city, new job, fresh start. But reality set in: she shared custody with her ex and moving too far from her ex wasn’t just complicated—it could’ve meant legal battles and less time with her kids. So instead of running off to reinvent her life somewhere else, she found a fresh start closer to home. It wasn’t the move she imagined, but it was the one that kept her grounded and allowed her to grow. Because sometimes, starting over isn’t about distance—it’s about making space for yourself within the life you already have.
In Florida, moving out of state with your child after a divorce is a legal issue—one that can have major consequences if not handled correctly. So, can you move out of state with your child after a divorce?
The short answer: Yes, but only with the court’s permission—or the other parent’s consent.
Let’s break it down.
Florida's Relocation Law: The 50-Mile Rule
Under Florida Statute 61.13001, a parent cannot move more than 50 miles away from their current residence — without permission from the other parent or the court.
This rule applies whether you're moving within Florida or to another state.
Option 1: Parental Agreement
If both parents agree to the move, you're already ahead of the game. The agreement must be in writing and include:
· Consent from the non-relocating parent
· A revised timesharing schedule
· Details about transportation arrangements for timesharing
Once signed, the agreement must be submitted to the court for approval. If granted, the court will issue a new order reflecting the updated custody plan.
Option 2: Petitioning the Court
If the other parent does not agree, you’ll need to file a Petition to Relocate with Minor Child(ren) and serve it to the other parent. From there, the legal process begins.
The court will consider several factors to determine whether the move is in the best interest of the child, including:
· The reason for the relocation (job, family support, education, etc.)
· The impact on the child’s relationship with the other parent
· How the move will improve the quality of life for the child and the parent
· The child’s age, needs, and preferences (in some cases)
· Whether the relocating parent is acting in good faith
It’s not enough to show that the move would benefit you—you have to demonstrate that it benefits your child.
What Happens If You Move Without Permission?
Moving without the court’s approval (or without an agreement from the other parent) is a serious legal violation. It can lead to:
· Contempt of court
· Modification of custody in favor of the other parent
· Legal penalties—including returning the child
Bottom line: Don’t go rogue. It’s not worth the risk.
How an Experienced Family Law Attorney Can Help
Relocation cases are often emotional and highly contested, especially if the move makes regular timesharing difficult. At Good Life Legal, we help parents navigate these cases with care, strategy, and a strong focus on the child’s best interest.
Whether you’re hoping to move or you’re a parent concerned about losing time with your child, you don’t have to face it alone. Our Florida divorce and custody attorneys are here to advocate for your rights—and your child’s future. Whether we are helping clients in Niceville, Jacksonville, or Freeport, or anywhere in between, we are here for you.
Considering a Move?
Let’s talk about your options before you make your next move. Schedule a consultation with Good Life Legal today.