Relocation Laws by State: What You Need to Know

Every State Does This Differently

Relocation law is one of the most state-specific areas of family law. What's required in California may be completely different from Texas. Here's an overview of how major states handle move-away cases.

Distance Thresholds

Most states define "relocation" as a move beyond a certain distance. Some examples:

25 miles: Some states trigger notice requirements at this distance
50 miles: Common threshold in many states (Florida uses 50 miles)
75 miles: Used by some states
100 miles: Texas and some others use this as the threshold
150 miles: A few states use this larger distance
Out of state: Any move across state lines triggers requirements in most jurisdictions

Check your specific state and custody order — many orders include their own geographic restriction regardless of state law.

Notice Periods by State

The time a parent must give before relocating:

California: 45 days written notice
Texas: 60 days written notice (required by most orders with geographic restriction)
Florida: 60 days written notice (Florida Statute §61.13001)
Ohio: Varies — typically required by court order
New York: Varies — no statutory notice period, but courts require "reasonable notice"

Burden of Proof Differences

Who has to prove what varies dramatically:

States Favoring the Objecting Parent

Some states put the burden on the moving parent to prove the move benefits the child. This is generally better for fathers trying to prevent relocation.

States Favoring the Moving Parent

Other states require the objecting parent to prove harm. This makes it harder to block a move.

States Using Balanced Factors

Many states simply weigh best-interest factors without a clear presumption either way.

State Snapshots

California

California uses the LaMusga factors from the landmark 2004 Supreme Court case. The relocating parent with primary custody has a presumptive right to move, and the other parent must show the move would be detrimental. Key resource: CA Courts Self-Help

Texas

Most Texas custody orders include a geographic restriction (usually the county and contiguous counties). Modifying this requires showing a material and substantial change in circumstances. Key resource: Texas Bar

Florida

Florida Statute §61.13001 requires 60 days written notice for moves over 50 miles. The relocating parent bears the burden of proving the move is in good faith and in the child's best interest. Key resource: Florida Bar

Ohio

Ohio Revised Code §3109.051 requires notice before relocation. Courts use best-interest factors. Key resource: Ohio Bar

New York

New York follows the Tropea v. Tropea (1996) framework, weighing multiple factors including each parent's reasons, the child's ties, and the feasibility of preserving the relationship. Key resource: NY State Bar

Why You Need a State-Specific Attorney

Relocation law is too state-specific for general advice. An attorney in your state can tell you:

Your exact burden of proof
Required notice periods and procedures
How your local judges tend to rule on move-away cases
Whether your specific facts favor or disfavor the move

Find one today: Avvo or your state bar's referral service.

Next Steps

Identify your state's specific relocation statute
Review your custody order for geographic restrictions
Consult a local family law attorney
If the move is happening soon, act immediately — timelines matter