Child relocation after a Florida divorce or custody order is one of the most contested issues in family law. When one parent wants to move more than 50 miles away — whether for a job, a new relationship, or family support — the other parent’s time with the child is directly threatened. Florida’s relocation statute requires court approval or written agreement before any such move happens. Attorney Mindi Lasley handles child relocation cases throughout Tampa and Hillsborough County, representing both parents seeking to relocate and parents opposing moves that would reduce their time with their children.
Florida’s Child Relocation Law — What You Must Know
Florida Statute 61.13001 governs all child relocation matters. The law is strict and the consequences of ignoring it are serious. Key requirements:
- Relocation is defined as a move of more than 50 miles from the current residence for 60 or more consecutive days (not including vacations)
- A parent who intends to relocate must either obtain written consent from all parties with time-sharing rights or file a petition to relocate with the court
- Relocating without consent or court approval can result in immediate return of the child, criminal contempt, and negative impact on your custody case
- The relocating parent bears the burden of proving the move is in the child’s best interests
The Relocation Petition Process in Hillsborough County
When the other parent will not consent to relocation, the moving parent must file a formal petition with the Hillsborough County family court. The petition must include:
- The proposed new address and intended relocation date
- The reason for the relocation
- A proposed revised time-sharing schedule that addresses the new geographic reality
- A proposal for transportation costs and arrangements
The non-relocating parent has 20 days to object. If an objection is filed, the court cannot allow the relocation to occur pending a hearing. If no objection is filed, the court may allow the relocation without a hearing.
How Florida Courts Decide Relocation Petitions
The court applies a best-interests analysis to every contested child relocation case. Factors the Hillsborough County family court weighs include:
| Factor | What the Court Examines |
|—|—|
| Reason for relocation | Is it in good faith — employment, family support, better opportunity — or an attempt to limit the other parent’s access? |
| Child’s relationship with non-relocating parent | How strong is the current bond? How would it be affected by the move? |
| Child’s age and needs | Younger children’s needs differ from teens who are embedded in school and social communities |
| Quality of life impact | Economic, educational, and emotional benefits and burdens for the child |
| Feasibility of revised time-sharing | Can the non-relocating parent maintain a meaningful relationship under the proposed new schedule? |
| Child’s preference | Mature children’s preferences are considered |
| Each parent’s history of compliance | Has either parent previously violated court orders? |
Opposing a Relocation Petition
If your child’s other parent has filed a petition to relocate, you have the right to object — and Florida law does not presume the move should happen. As the objecting parent, you do not have to prove the move is harmful. The burden is on the relocating parent to prove the relocation is in the child’s best interests. Mindi Lasley, P.A. builds the case against relocation by documenting your involvement in your child’s life, identifying the harms the proposed move would cause, and challenging the relocating parent’s rationale where appropriate.
When a Parent Relocates Without Permission
An unauthorized relocation — moving the child more than 50 miles without consent or court approval — is treated seriously by Florida courts. Consequences can include:
- Emergency court order requiring the child’s immediate return
- Contempt of court sanctions including fines and potential jail time
- Significant negative impact on the violating parent’s custody case going forward
- Possible modification of custody in favor of the parent who was harmed
Frequently Asked Questions
| Question | Answer |
|—|—|
| Can I move within the same city without court approval? | If the move keeps you within 50 miles of your current residence, it does not trigger the relocation statute — but review your parenting plan for any specific geographic restrictions. |
| What if I have a great job opportunity that requires relocation? | A genuine career opportunity is a valid reason for relocation — but you still must get court approval or the other parent’s written consent before moving the child. |
| How long does a relocation case take in Hillsborough County? | Contested relocation cases typically take 3–9 months. Emergency hearings can happen much faster when a parent has already moved without permission. |
| Can I relocate with my child temporarily? | Extended stays over 60 days that are more than 50 miles away trigger the relocation statute regardless of intent. Plan accordingly. |
| Does the other parent have to pay travel costs if relocation is approved? | The court can allocate transportation costs as part of the revised parenting plan — it is a specific factor in the analysis. |
| What if my ex already moved the child without permission? | File an emergency motion immediately. Courts take unauthorized relocations very seriously and typically order the child returned pending a full hearing. |
Local Resources for Child Relocation Cases in Hillsborough County
| Resource | Description |
|—|—|
| Florida Statute 61.13001 | Florida’s child relocation statute — complete legal requirements |
| Thirteenth Judicial Circuit Court | Hillsborough County family court — relocation petition procedures |
| Hillsborough County Clerk of Court | File relocation petitions and objections |
| Florida Bar — Child Custody Guide | Overview of Florida custody and relocation law |
Don’t Let Relocation Diminish Your Role as a Parent
Whether you are the parent hoping to move or the parent determined to stay close to your child, child relocation cases demand experienced legal representation and quick action. Mindi Lasley, P.A. handles child relocation cases throughout Tampa and Hillsborough County with the urgency these matters require. Call us at 813-873-9047 or contact us at our contact page for an immediate consultation.
About Mindi Lasley, P.A.: Mindi Lasley, P.A. is a Tampa-based family law firm serving parents throughout Hillsborough County in relocation disputes, custody modification, and all post-judgment family law proceedings. The firm represents both relocating parents and those opposing relocation with equal skill and dedication.