Florida Parental Relocation Restrictions After the 2023 Dissolution Reform: What Divorcing Parents Need to Know
Florida's parental relocation statute, § 61.13001, has long been one of the more demanding frameworks in the country. A parent who wants to relocate more than 50 miles from the principal residence for more than 60 consecutive days must either obtain written agreement from all other parents and time-sharing parties — or petition the court. The 2023 amendments did not change that threshold, but they changed what courts weigh when deciding the petition.
## What the 2023 Amendment Changed
Senate Bill 1416 eliminated the prior presumption that equal 50/50 time-sharing is in the best interest of the child. Courts must now evaluate each case against 20 statutory factors without any starting-point presumption. That shift matters in relocation cases because the moving parent can no longer assume that a court will view relocation as disruptive to a presumptively equal arrangement. Instead, the court looks at the *actual* time-sharing history, the quality of each parent's relationship with the child, and the practicality of maintaining the current schedule after the move.
The amended statute also strengthened the requirement that the relocating parent demonstrate how the existing time-sharing schedule can be preserved or approximated after the move. Vague proposals — "we'll work it out on holidays" — carry little weight. Courts expect a specific, logistically realistic alternative schedule with transportation provisions.
## The Factors Courts Weigh Most Heavily
In relocation cases, practitioners report that Florida courts now focus most intensely on:
- **Age and developmental stage of the child:** Younger children with less-established peer networks are generally viewed as more adaptable, while school-age children with stable friendships and activities are treated differently. - **History of compliance:** A parent who has consistently honored the existing time-sharing schedule is viewed more favorably than one with a pattern of disputes or informal modifications. - **Economic and professional reasons:** A job transfer to a specific employer, a promotion that cannot be replicated locally, or a demonstrated salary increase carries more weight than a speculative career opportunity. - **Extended family:** Florida courts give meaningful weight to the presence of extended family — particularly if the relocation would move the child closer to relatives who play an active caregiving role.
## Practical Guidance for Parents
**For the relocating parent:** Begin building your record before you file. Document the reasons for the move in writing, research alternative time-sharing schedules, and obtain written communication from the prospective employer. Courts respond to preparation; a spontaneous relocation petition signals poor planning.
**For the objecting parent:** File promptly. Florida law allows a court to order the child's return if a parent relocates without consent or court approval — and delay in objecting can be construed as acquiescence. Document your existing involvement: school pickups, medical appointments, extracurricular attendance.
**For both parents:** Mediation is mandatory before most relocation hearings. A negotiated resolution that gives both parents clarity is almost always preferable to a contested hearing, which can take 6–12 months in high-volume circuits like Miami-Dade and Broward.
Florida's relocation framework has always been protective of the non-relocating parent's relationship with the child. The 2023 amendments do not change that fundamental orientation — they simply require both parties to engage the full statutory analysis rather than relying on presumptions that no longer exist.