What is Parental Relocation?
Updated January 24, 2026
A move by a parent, with a child, that is far enough to affect an existing custody or parenting time arrangement, which in most states requires the other parent's written consent or court permission.
Understanding Parental Relocation
State laws define relocation differently. Florida, for example, defines it as a change of principal residence of at least 50 miles from the residence at the time of the last order, for at least 60 consecutive days. Many states require the moving parent to give advance written notice to the other parent and allow the other parent to object. If the parents do not agree, the court decides based on factors such as the reason for the move, the child's relationship with each parent, the effect on the child's schooling and stability, and whether a workable parenting schedule can be kept. Moving without following the required process can lead to an order to return the child and can be held against the moving parent.
Examples
- 1A parent seeking to move to another state for a new job with the child
- 2A written relocation agreement that changes the schedule to summers and school breaks
- 3A court denying a relocation request because the move would sharply reduce the other parent's time
Why This Matters in Legal Cases
Relocation cases are among the hardest in family law, because there is usually no middle ground: the child either moves or does not. Strict notice and filing requirements apply in many states, and a parent who moves first and asks later can do serious damage to their case. The parent opposing a move also faces deadlines to object.
Frequently Asked Questions
Do I need permission to move with my child?
How do courts decide relocation cases?
What if the other parent moves without permission?
Related Terms
Child Custody
The legal arrangement determining where children will live and who will make important decisions about their upbringing after parents separate or divorce.
Modification
A court-approved change to an existing family law order, such as custody, parenting time, child support or alimony, usually based on a substantial change in circumstances since the order was entered.
Parenting Plan
A written agreement between parents that outlines how they will share time with their children, make decisions, and handle disputes after separation or divorce.
Visitation (Parenting Time)
The time a parent (or in some cases another person, such as a grandparent) is scheduled to spend with a child under a court order or parenting plan, now often called parenting time or time-sharing.
Divorce
The legal dissolution of a marriage by a court or other competent body, ending the marital relationship and dividing assets, debts, and responsibilities.
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