Can my spouse take my kids and move away after we separate?

Can My Spouse Take My Kids and Move Away After We Separate in Florida?

Data last verified: May 2026

A spouse cannot take your children and move more than 50 miles away after separation without legal permission. Under Florida Statute 61.13001, a parent cannot relocate a child’s principal residence more than 50 miles from the current address without either written, notarized consent from the other parent or a court order authorizing the move. 

This prohibition activates the moment a parenting case is active — even before the divorce is finalized.

Your child’s daily life and your timesharing rights are on the line the moment a spouse plans an unauthorized move. 

A Fort Lauderdale child custody attorney at Levine Family Law handles parental relocation emergencies in Broward County and can move immediately to protect your access to your children.

Key Takeaways

• Florida Statute 61.13001 prohibits any parent from relocating a child’s principal residence by more than 50 miles without the written, notarized consent of the other parent or a court order.
• Relocation is legally defined as a move of more than 50 miles that lasts at least 60 consecutive days — temporary absences for vacations, medical care, or education do not qualify.
• The 50-mile rule applies as soon as a parenting case is active in a Florida court, including during pending divorce proceedings before a final judgment is entered.
• A parent who relocates without compliance faces contempt of court, a court order compelling the child’s return, loss of timesharing rights, and payment of the other parent’s attorney’s fees.
• A non-relocating parent must file a written objection within 20 days of receiving a relocation petition — missing that deadline allows the relocation to proceed by default.
• Suspected unauthorized relocation requires immediate emergency legal action, not a wait-and-see approach.

Every day without legal intervention increases the risk that an unauthorized relocation becomes harder to reverse. A Fort Lauderdale divorce attorney at Levine Family Law will file emergency motions to stop an unauthorized move before it disrupts your children’s lives.

What Is Parental Relocation Under Florida Law?

Parental relocation under Florida law is a permanent change of a child’s principal residence to a location more than 50 miles from the current address, lasting at least 60 consecutive days. Florida Statute 61.13001 defines relocation as a change in the principal residence of a parent from the address on record at the time of the last order establishing or modifying timesharing, or from the address on file at the time a parenting action was filed.

Temporary absences do not qualify as relocation under the statute. A parent taking children on a vacation, relocating temporarily for medical treatment, or arranging short-term educational travel does not trigger the 50-mile rule. The move must exceed 50 miles and extend for at least 60 consecutive days before Florida Statute 61.13001 applies.

Florida law measures the 50-mile threshold from the child’s current principal residence — not from the other parent’s address. A parent relocating even 51 miles away falls within the statute’s requirements and must follow the legal procedures before moving. 

A Broward County divorce attorney at Levine Family Law can confirm whether a proposed move triggers the statute’s requirements based on the specific addresses involved.

When Does the 50-Mile Rule Apply During Separation and Divorce?

The 50-mile rule under Florida Statute 61.13001 applies as soon as a parenting action is active in a Florida circuit court — including during pending divorce proceedings, before a final judgment is entered, and before any permanent parenting plan is in place. 

A parent cannot wait for the divorce to be finalized before relocating freely. The statute governs any relocation of a child’s principal residence once a court has jurisdiction over the parenting matter.

Florida Statute 61.13001 applies to three categories of situations: orders entered before October 1, 2009, where the existing order does not expressly govern relocation; any temporary or permanent order regarding a parenting plan, custody, or timesharing entered on or after October 1, 2009; and any relocation proposed during a proceeding pending on or after October 1, 2009, where parenting arrangements are at issue.

A separating parent in Broward County who believes the divorce will take months to finalize does not have a window to relocate children freely in the interim. 

The court’s jurisdiction over the parenting matter closes that window the moment the case is filed. A family law attorney in Hollywood, FL, at Levine Family Law can confirm the exact date your parenting case became active and whether the relocation restriction already applies to your situation.

What Are the Two Legal Paths for Relocating With a Child in Florida?

Florida Statute 61.13001 provides exactly two legal methods for relocating a child’s principal residence more than 50 miles: a written notarized agreement signed by all parties entitled to timesharing, or a court order authorizing the relocation after a formal petition and hearing process.

Written agreement: All parents and every person entitled to timesharing with the child must sign a written agreement that consents to the relocation, defines a revised timesharing schedule for the non-relocating parent, and describes any transportation arrangements required to maintain the child’s relationship with the non-relocating parent. When a pending court action exists, the parties must seek court ratification of that agreement — even if no evidentiary hearing is requested.

Petition to relocate: When agreement is not possible, the relocating parent must file a formal Petition to Relocate with the circuit court and serve it on the other parent and every person entitled to timesharing.

 Florida Statute 61.13001(3) requires the petition to include the proposed new address, the intended move date, the reasons for relocation, a proposed revised timesharing schedule, and proposed transportation arrangements. A job-offer-based relocation must attach the written job offer as an exhibit.

A Fort Lauderdale family law attorney at Levine Family Law drafts relocation agreements with enforceable timesharing schedules and handles contested relocation petitions in the Broward County Circuit Court.

What Happens to a Parent Who Relocates Without Permission in Florida?

A parent who relocates a child without complying with Florida Statute 61.13001 faces five categories of legal consequences, all of which are authorized under Florida Statute 61.13001(3)(e).

Contempt of court: The relocating parent faces contempt proceedings for willful violation of a known court requirement. Contempt findings can result in fines, sanctions, and, in extreme cases, incarceration.

Order compelling return: The circuit court can order the immediate, temporary, or permanent return of the child to the original residence. Florida courts treat unauthorized relocation as a basis for emergency intervention, and a hearing on a motion for temporary relocation must occur within 30 days of filing.

Modification of timesharing: Unauthorized relocation serves as a factor in any proceeding seeking to modify the parenting plan or timesharing schedule. A parent who moves without permission hands the other parent documented evidence of bad-faith parenting conduct — evidence the court weighs heavily in future timesharing determinations.

Loss of timesharing rights: Courts may reduce or eliminate a parent’s timesharing rights if the parent relocated without authorization as a direct consequence of that violation.

Attorneys’ fees: The relocating parent bears the cost of reasonable attorneys’ fees and court costs incurred by the non-relocating parent in objecting to the relocation and securing the child’s return, including interim travel expenses.

A Pembroke Pines family law attorney at Levine Family Law pursues all five remedies simultaneously when a spouse relocates a child without authorization — including emergency motions filed the same day the violation is confirmed.

How Does a Parent Object to a Relocation Petition in Florida?

A non-relocating parent who receives a formal Petition to Relocate must file a written objection within 20 days of service. An Oakland Park divorce attorney at Levine Family Law files objections in Broward County circuit court the same day a petition is received, so no statutory deadline is missed.

Florida Statute 61.13001 is explicit: a parent who fails to file a timely written objection triggers a legal presumption that the relocation serves the child’s best interests, allowing the court to grant the relocation without a hearing.

The written objection must state the specific factual basis for opposing the relocation and include a statement describing the objecting parent’s current level of participation and involvement in the child’s life.

 Vague objections without factual support weaken the non-relocating parent’s position at the subsequent hearing.

After a timely objection is filed, the relocating parent cannot move — the case proceeds to a temporary hearing, which must occur within 30 days of the motion being filed, absent good cause, followed by a full non-jury trial within 90 days of the notice being filed. 

Missing the 20-day objection window is not a recoverable error under normal circumstances. A Weston divorce lawyer at Levine Family Law prepares and files objections immediately upon receiving a relocation petition so no deadline is missed and your timesharing rights are fully protected.

What Factors Does a Florida Court Consider When Deciding a Relocation Case?

Florida courts decide contested relocation cases by applying the best interest of the child standard under Florida Statute 61.13001(7). The relocating parent carries the burden of proving the move genuinely benefits the child — not merely the relocating parent.

Florida courts evaluate relocation petitions using eleven statutory factors. Key considerations include the nature and quality of the child’s relationship with each parent, the age and developmental needs of the child, the feasibility of preserving the non-relocating parent’s relationship through a revised timesharing schedule, the child’s educational opportunities at the proposed location, the reasons each parent has for supporting or opposing the move, and whether the relocation will enhance the child’s general quality of life. 

Courts distinguish sharply between what benefits the relocating parent — a better job, family proximity, a new relationship — and what genuinely benefits the child. 

A relocation motivated primarily by personal gain or a desire to limit the other parent’s access is a factor courts weigh against approval.

There is no presumption for or against relocation in Florida. The court evaluates each case on its specific facts. 

A high-net-worth divorce lawyer in Fort Lauderdale at Levine Family Law builds relocation cases around documented evidence of the child’s relationships, school stability, and the practical feasibility of maintaining meaningful timesharing across the proposed distance. 

Reach out to Levine Family Law today — a Broward County child custody attorney will assess your relocation situation and move immediately to protect your parental rights.

Frequently Asked Questions

Can my spouse move with our children during the divorce in Florida without my permission? 

Florida Statute 61.13001 prohibits any parent from relocating a child’s principal residence by more than 50 miles without the written, notarized consent of the other parent or a court order. The restriction applies as soon as a parenting case is active in a Florida court, including during pending divorce proceedings.

What counts as relocation under Florida Statute 61.13001? 

Relocation under Florida Statute 61.13001 means a change in a child’s principal residence to a location more than 50 miles away that lasts at least 60 consecutive days. Temporary absences for vacation, medical treatment, or education do not qualify as relocation and do not trigger the statute’s requirements.

What happens if my spouse moves with the children without court permission in Florida? 

A parent who relocates without complying with Florida Statute 61.13001 faces contempt of court proceedings, a court order compelling the child’s immediate return, potential modification of timesharing rights, and an order requiring payment of the other parent’s attorney’s fees and costs incurred to secure the child’s return.

How long do I have to object to a relocation petition in Florida? 

A non-relocating parent must file a written objection within 20 days of being served with the Petition to Relocate. Missing that 20-day deadline triggers a legal presumption under Florida Statute 61.13001 that the relocation serves the child’s best interests, allowing the court to grant the move without a hearing.

Does the relocating parent or the objecting parent have to prove their case in Florida? 

The relocating parent carries the burden of proof in Florida relocation cases. Florida Statute 61.13001(7) requires the relocating parent to demonstrate that the move genuinely benefits the child’s well-being — courts do not presume relocation is appropriate simply because the relocating parent has a valid personal reason for moving.

Can a Florida court stop my spouse from moving with the children before the hearing? 

Yes. A non-relocating parent can file an emergency motion seeking a temporary injunction preventing the move pending a full hearing. Florida courts must hold a temporary relocation hearing within 30 days of the filing of the motion, absent good cause. Emergency motions filed immediately after discovering a spouse’s relocation plan give courts the fastest avenue to intervene.

What must a Petition to Relocate include under Florida Statute 61.13001? 

A Petition to Relocate must include the proposed new address, the intended move date, the specific reasons for relocating, a proposed revised timesharing schedule, and proposed transportation arrangements for the non-relocating parent. A relocation based on a job offer must attach the written offer as an exhibit to the petition.

Can a parent relocate with children in Florida if the other parent simply refuses to respond? 

Yes, but only through proper legal process. A parent who receives no written objection within 20 days of serving a Petition to Relocate may ask the court to enter an order granting relocation without a hearing, based on the presumption that the move serves the child’s best interests. The non-responding parent loses the right to contest.