Family Law Tip of the Day: In Florida, a parent's move of at least 50 miles may trigger the state's parental relocation statute. But in a major metropolitan area, a move of less than 50 miles can still dramatically affect a parenting plan—especially when traffic turns a relatively short distance into a one- or two-hour drive.
For separated and divorced parents, distance matters. But so does travel time.
Florida's parental relocation statute, Florida Statute § 61.13001, generally applies when a parent seeks to change his or her principal residence by at least 50 miles from the residence used under the statute, and the move is intended to last at least 60 consecutive days, subject to statutory exceptions.
That 50-mile threshold creates an important practical issue for parents living in large metropolitan areas such as Tampa Bay, Orlando, Miami, or South Florida.
A move does not necessarily have to be 50 miles away to significantly disrupt a parenting plan.
Florida's 50-Mile Relocation Rule
Florida law defines 'relocation' for purposes of § 61.13001 as a change in a parent's principal residence that is at least 50 miles from the relevant prior residence and lasts at least 60 consecutive days, excluding certain temporary absences.
When the statute applies, there are specific procedures governing relocation with a child. Parents may be able to proceed by agreement, or the relocating parent may need to seek court approval if the other parent does not consent.
But the statute's 50-mile definition does not mean that a move of 20, 30, or 40 miles is automatically insignificant. That is where geography and traffic matter.
Thirty Miles Can Be a Long Way in Tampa Bay
Consider a parenting plan where both parents originally live relatively close to the child's school.
One parent later moves 35 miles away. Technically, that move may fall below the statutory definition of 'relocation' under § 61.13001. Practically, however, the effect may be substantial.
During rush hour, a 35-mile drive in the Tampa Bay area can take well over an hour. A round trip for an exchange could mean two or more hours in the car.
That travel burden can become even more significant when the parenting plan requires frequent exchanges during the school week.
The issue becomes less about the number of miles and more about what those miles actually mean for the child.
The Real Question Is Often the Effect on the Parenting Plan
Even when § 61.13001 is not technically triggered, a move may create practical problems involving:
- school transportation;
- morning and evening routines;
- extracurricular activities;
- medical appointments;
- weekday time-sharing;
- transportation responsibilities;
- pickup and drop-off locations; and
- the amount of time the child spends traveling between households.
A move that adds 15 minutes to an exchange may have little practical impact. A move that adds 60 to 90 minutes each way may be a different story.
That distinction matters because Florida parenting decisions are ultimately focused on the best interests of the child, not merely the mileage between two addresses.
Why Parents Should Look Beyond the 50-Mile Number
If I am moving less than 50 miles, relocation law does not apply, so the move does not affect my family law case.
That conclusion can be too broad. The relocation statute may not apply, but an existing parenting plan, court order, or school designation may still create restrictions or practical issues.
A move could lead to disputes about who is responsible for transportation, whether exchange locations should change, whether school-night time-sharing remains practical, or whether a modification of the parenting plan should be requested.
A Practical Example
Assume the parents live approximately 10 miles apart when their parenting plan is entered. One parent later moves 40 miles away. The move is below the statutory 50-mile relocation threshold.
However, the child attends school near the other parent's home. A school-day exchange that once took 15 minutes may now require more than an hour each way during Tampa traffic.
That can mean an earlier wake-up time, a longer commute to school, more time in the car after extracurricular activities, and less time available for homework, dinner, or sleep.
Distance and Travel Time Are Not Always the Same Thing
Florida's 50-mile rule provides a clear legal threshold. Traffic does not.
Two homes that are 45 miles apart may function as if they were much farther away. Conversely, two homes 50 miles apart in another part of Florida may involve a relatively predictable highway commute.
That is why parents should consider both the legal distance and the real-world travel time.
Tampa Family Law Attorney for Relocation and Time-Sharing Issues
Relocation issues can become complicated quickly, particularly in the Tampa Bay area where traffic can make relatively short distances difficult for parents and children.
Cigar City Law, PLLC represents clients in Tampa and throughout the Tampa Bay area in Florida family law matters involving parenting plans, time-sharing, relocation, modifications, and enforcement.