Relocation cases are some of the most emotionally charged issues in family law. When parents share 50/50 custody, the stakes are even higher. One parent wants to move for a job, family support, or a fresh start, while the other parent wants to preserve frequent contact with their child.
Florida law has a very specific framework for handling this situation. If you are dealing with a potential move, it is important to understand how the courts look at relocation when time-sharing is equal.
What Counts as Relocation in Florida
Under Florida Statute 61.13001, relocation means moving the child more than 50 miles away from their current residence for at least 60 consecutive days.
Short-term absences like vacations, education, or medical care do not count. But a move to another city or state almost always qualifies.
Can a Parent Relocate With 50/50 Custody?
Short answer: not without either agreement or court approval.
When parents have equal time-sharing, one parent cannot simply move away with the child. They must do one of the following:
- Get written consent from the other parent
- File a petition to relocate and get approval from the court
If a parent relocates without following the law, the court can order the child returned and may even modify custody.
Why 50/50 Custody Makes Relocation Harder
Equal time-sharing creates a strong presumption that both parents are actively involved in the child’s daily life. A long-distance move almost always disrupts that balance.
Courts are generally reluctant to approve relocation if it would:
- Reduce one parent’s time significantly
- Interfere with school routines or stability
- Damage the child’s relationship with the non-moving parent
In many cases, a move turns a 50/50 schedule into a long-distance parenting plan, which is a major shift.
The Legal Process to Request Relocation
If there is no agreement, the relocating parent must file a formal petition with detailed information, including:
- The new address and phone number
- The reason for the move
- A proposed new time-sharing schedule
- Transportation arrangements
The other parent then has an opportunity to object. If they do, the court will hold a hearing or trial. You can review the full statutory requirements here.
What Judges Look At in Relocation Cases
Florida courts focus on the best interests of the child. There is no automatic win for either parent.
Key factors include:
- The reason for the relocation
- Whether the move improves the child’s quality of life
- The child’s relationship with both parents
- Each parent’s involvement in daily routines
- The feasibility of preserving a meaningful relationship with the non-moving parent
- The child’s preference, depending on age and maturity
In 50/50 custody cases, judges often scrutinize how realistic the proposed new schedule is. If it looks like one parent will become more of a “visitor,” that can hurt the relocation request.
Does a Better Job or Opportunity Guarantee Approval
No. A better job helps, but it is not enough by itself. Why? Because Florida courts care about the child’s overall well-being, not just financial improvement. If the move significantly harms the child’s relationship with the other parent, the court may deny it even if the opportunity is strong.
What Happens If Relocation Is Approved
If the court allows the move, the parenting plan will be modified.
This usually includes:
- A long-distance time-sharing schedule
- Extended holiday and summer visits
- Travel cost allocation
- Communication methods like video calls
The goal is to preserve the parent-child relationship as much as possible, even with distance.
What Happens If Relocation Is Denied
If the court denies relocation, the parent must choose:
- Stay and keep the current custody arrangement
- Move without the child
This is one of the hardest realities of Florida relocation law.
Key Takeaways
- Moving more than 50 miles for 60 days or more requires legal approval
- 50/50 custody makes relocation significantly harder to win
- Courts focus on the child’s best interests, not just the parent’s opportunity
- A detailed and realistic parenting plan is critical
- Relocating without permission can seriously backfire
FAQ
Can I move first and ask for permission later
No. Courts take a very negative view of that approach. You risk losing time-sharing and credibility.
What if the other parent verbally agrees
It must be in writing and properly executed. Verbal agreements are not enough under Florida law.
How long does a relocation case take
It varies. Contested cases can take several months depending on the court’s schedule and complexity.
Can we agree to relocation without going to court
Yes, if both parents sign a written agreement that meets statutory requirements. It still must be filed with the court.
Does remarriage help a relocation case
It can be a factor, especially if it improves stability, but it is not decisive on its own.
What if we already have a parenting plan
You still must follow the relocation statute. Existing plans do not override the legal process for moving.
This article is meant to provide general guidance. For specific advice regarding divorce and child custody in the Brandon or Tampa area, we recommend you consult with Attorney O’ Connor.
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Attorney O’Connor has a strong background in family law and is available to serve you in Tampa Bay, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.
