If a new job would move you 50 miles or more from where you lived when your parenting plan was last set, Florida's relocation law applies, even if you never leave the state. You'll need either a written agreement with your co-parent that the court approves, or a court order, before the move. A family law attorney can tell you quickly which path fits your situation and how to protect your time with your child along the way.
Job offers rarely wait for court calendars, which is why getting advice early matters. At Frank Family Law Practice, we help Winter Park parents handle these moves without putting their existing order at risk. If an offer is on the table, call our office to talk it through at (407) 629-2208.
What distance triggers Florida's relocation rules?
Florida's relocation statute applies when a parent changes their principal residence at least 50 miles from where they lived at the time of the last parenting order, for at least 60 days in a row. Vacations and short stays for school or medical care don't count.
Staying in Florida doesn't exempt you. A move from Winter Park to Tampa or Jacksonville clears 50 miles easily. A move to Clermont or Sanford usually doesn't, although even a shorter move can make the current schedule unworkable and justify a modification for other reasons. The starting point is your address when the last order was entered, not where you happen to live today, so parents who have already moved once should check the numbers carefully.
The rules also cover the parent who doesn't have the child most of the time. If you share weekday exchanges and school pickups, moving three hours away changes the plan whether you are the majority time parent or not. The details of your order decide how much has to change. That's why we start by reading the current parenting plan line by line.
Do you still need a family law attorney and court approval if both parents agree?
Yes. An agreement between parents helps a great deal, but it has to be in writing, signed by both of you, and filed with the court. Until a judge ratifies it, your existing order still controls.
Florida law spells out what the written agreement needs: consent to the relocation, a new timesharing schedule, and a plan for transportation between homes. In Winter Park, that filing goes to the Ninth Judicial Circuit in Orange County. When the agreement is complete, a judge can often approve it without a hearing, which keeps the process quick and inexpensive.
Handshake deals are where parents get into trouble. A co-parent who agrees today may change their mind after the move, and without a court order the parent who moved has little protection. If the two of you can't agree, the parent who wants to move files a petition to relocate with specific details, including the new address, the reasons for the move, and a proposed schedule. The other parent then has 20 days to object. A divorce attorney who handles modifications regularly can prepare either route correctly the first time.
How does the parenting plan get restructured around the move?
The schedule is rebuilt around distance. Weekday time usually shifts into longer blocks on weekends, holidays, and summer, with a clear plan for who drives and where exchanges happen.
A common approach gives the parent who is farther away alternating long weekends during the school year, most of the summer, and a larger share of school breaks on the Orange County Public Schools calendar. Video calls get written into the plan. Transportation costs are divided, and a midpoint for exchanges is chosen, often a spot along I-4 or the Turnpike. If the child will move schools, the plan covers enrollment, activities, and how the parents will share school information.
Timing pressure is real. A divorced client of ours received an excellent job offer elsewhere in Florida and had only days to respond. He was excited about the job but worried about what the move would mean for his school-aged son and the parenting plan. We helped him sift through the details and figure out whether the new arrangement could justify a change in the plan. When both parents are willing, collaborative law can help them work out the new schedule privately, without a courtroom fight.
What happens if you relocate without modifying the parenting plan?
You risk being ordered to bring your child back, being held in contempt, and having the unauthorized move counted against you when the court decides what happens next. Moving first and asking later is the most expensive way to do it.
A parent who relocates without an agreement or court approval can also end up with less time with the child, since the court may see the move as ignoring the existing order. Even a parent without majority time who moves away and simply stops following the schedule can face enforcement and makeup timesharing claims. None of this is worth risking for a start date, especially when a family law attorney can often get an agreed modification in place faster than parents expect. If you have a job offer that would take you away from Winter Park, call (407) 629-2208 or schedule a modification consultation with our team. We'll review your current plan and map out the fastest proper way forward.