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Long-Distance Parenting Plans in Florida (2026 Guide)

By Antonio G. Jimenez, Esq.Florida16 min read

At a Glance

Residency requirement:
Under Florida Statute § 61.021, at least one spouse must have lived in Florida continuously for 6 months immediately before filing. You can prove residency with a Florida driver's license, voter registration card, or an affidavit from a Florida resident who can attest to your residency.
Filing fee:
$400–$500
Waiting period:
Florida law requires a minimum 20-day waiting period before a final judgment of dissolution of marriage can be entered. Under Fla. Stat. § 61.19, no final judgment may be entered until at least 20 days have elapsed from the date the original petition was filed. A court may shorten this period only on a showing that injustice would result from the delay. In practice the 20-day minimum rarely drives the overall timeline — court scheduling and case complexity matter more — but a Florida divorce cannot be finalized sooner than 20 days after filing.

As of August 2026. Reviewed every 3 months. Verify with your local clerk's office.

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A long distance parenting plan in Florida is a court-approved schedule under Fla. Stat. § 61.13 that structures time-sharing when parents live too far apart for a standard weekday rotation, typically 50 or more miles from each other. It replaces frequent exchanges with extended blocks during summer and school breaks plus virtual visitation. Florida requires this written plan in every case involving minor children.

When one parent lives in Miami and the other in Atlanta, the standard alternating-weekend schedule breaks down. Florida law solves this with a long distance parenting plan built around larger, less frequent chunks of physical time and technology-driven daily contact. This guide explains how these plans work in 2026, what the relocation statute requires, how the equal time-sharing presumption applies across distance, and the exact filing steps and costs. Florida is a no-fault state, and the six-month residency rule in Fla. Stat. § 61.021 governs whether a court can hear your case at all.

Key Facts: Florida Divorce and Parenting Plans

ItemFlorida Requirement
Filing Fee$408–$409 for dissolution of marriage, plus $10 summons issuance (as of March 2026 — verify with your local clerk)
Waiting Period20-day minimum after filing before a final judgment under Fla. Stat. § 61.19
Residency RequirementOne spouse must reside in Florida for 6 months before filing, per Fla. Stat. § 61.021
GroundsNo-fault; marriage "irretrievably broken" under Fla. Stat. § 61.052
Property Division TypeEquitable distribution under Fla. Stat. § 61.075

What Is a Long-Distance Parenting Plan in Florida?

A long distance parenting plan Florida is a written, court-ratified document under Fla. Stat. § 61.13 that allocates parental responsibility and time-sharing when parents live 50 or more miles apart. It reduces the number of physical exchanges and shifts the child's time into extended summer visits, alternating holidays, and school breaks, supplemented by scheduled video and phone contact.

Every Florida divorce or paternity case involving a minor child requires a parenting plan; there is no exception for distance. The statute requires that each plan describe how parents will share daily tasks, designate the school-boundary address, specify time-sharing, and set the methods and technologies parents will use to communicate with the child. In a long-distance case, that final element carries unusual weight. Because the child cannot see the distant parent on ordinary weeknights, the plan must define virtual visitation in concrete terms: platform, frequency, and duration. A well-drafted long-distance plan treats FaceTime and video calls not as a courtesy but as a scheduled, enforceable form of contact that substitutes for the missing midweek dinners.

When Does Florida Consider a Parenting Plan "Long-Distance"?

Florida treats a parenting plan as long-distance when the parents live at least 50 miles apart, the same threshold the relocation statute uses in Fla. Stat. § 61.13001. At that distance, midweek exchanges become impractical, so courts approve schedules built on extended, less frequent blocks of time rather than a weekly rotation.

The 50-mile figure is not a magic number that automatically changes your rights, but it is the practical line courts and the relocation statute use to distinguish local from long-distance arrangements. The statute defines relocation as a change in the principal residence of at least 50 miles from the residence at the time of the last order, lasting 60 consecutive days or more, excluding temporary absences for vacation, education, or health care. Two families 45 miles apart may still run a modified standard schedule with a long commute; two families 300 miles apart cannot. Judges tailor the plan to the real driving or flying time between homes, the child's school calendar, and the cost of travel. The greater the distance, the more the plan leans on multi-week summer visits, full school breaks, and structured virtual contact instead of frequent overnights.

How the Equal Time-Sharing Presumption Applies Over Distance

Since July 1, 2023, Florida law contains a rebuttable presumption under Fla. Stat. § 61.13 that equal 50/50 time-sharing is in a child's best interest. Distance is one of the most common factors that rebuts this presumption, because a child cannot attend one school while splitting nights equally between homes hundreds of miles apart.

The 2023 amendment replaced the old "no presumption" language with a starting point that favors equal time-sharing, which either parent may overcome by a preponderance of the evidence. In a long-distance case, the geographic reality itself often supplies that evidence. A court cannot order a true 50/50 overnight split when the parents live in different cities or states, so the presumption yields to a schedule the child can actually live: primary residential time with one parent during the school year and large, compensating blocks with the other parent during summers and holidays. Importantly, the parent with less overnight time is not a "secondary" parent in any legal sense. Florida strongly favors shared parental responsibility, meaning both parents retain equal decision-making authority over education, healthcare, and religion unless the court finds shared responsibility would harm the child. Learn more about how child custody arrangements work when parents live apart.

The Relocation Statute: Fla. Stat. § 61.13001

Florida's relocation statute, Fla. Stat. § 61.13001, governs any move of 50 or more miles for at least 60 consecutive days after a time-sharing order exists. A parent cannot simply move a child that far away; they must obtain either a written agreement signed by both parents and ratified by the court, or a court order granting a formal Petition to Relocate.

This statute is the single most important rule for any Florida parent contemplating a long-distance move. If a time-sharing order or pending case already exists, unilateral relocation is prohibited. The relocating parent bears the initial burden of proving by a preponderance of the evidence that the move is in the child's best interest. If they meet that burden, it shifts to the non-relocating parent to show the move is not in the child's best interest. Courts weigh the statutory factors in § 61.13001(7)(a)–(k), including the child's relationship with each parent, the child's age and needs, whether the move will enhance the family's quality of life, and the feasibility of preserving the relationship with the non-relocating parent through a substitute schedule. Relocating without authorization is serious: a judge may order the child returned and, in extreme cases, transfer majority time-sharing to the parent who stayed. If a move is on your horizon, map out your options with a personalized divorce roadmap before you sign a lease.

Agreement vs. Petition: Two Legal Paths to Relocate

Under Fla. Stat. § 61.13001, a parent may relocate 50-plus miles by one of two routes: a signed written agreement between both parents, or a contested Petition to Relocate decided by a judge. The agreement path is faster and cheaper; the petition path can add several months and hundreds of dollars in litigation costs.

The agreement route requires a document that both parents sign, which reflects consent to the relocation, defines a revised long-distance time-sharing schedule, and describes any transportation arrangements and cost-sharing. Once the court ratifies it, the move is lawful. If a hearing is not requested within a set period, the court may adopt the agreement without one. The petition route applies when parents disagree. The relocating parent files a verified Petition to Relocate that states the new address, the date of the intended move, the specific reasons, and a proposed revised schedule with transportation details. The non-relocating parent has 20 days to serve a written objection; if none is filed, the court may permit the relocation without a hearing, presuming it is in the child's best interest. A timely objection triggers an evidentiary hearing or trial where the burden-shifting analysis controls. The distinction matters financially and emotionally, which is why many families negotiate the agreement route with the help of a mediator or a Florida divorce attorney.

Virtual Visitation and FaceTime Custody in Florida

Florida law expressly authorizes virtual visitation, and Fla. Stat. § 61.13 requires parenting plans to describe the technologies parents will use to communicate with the child. In long-distance cases, courts routinely order scheduled video contact, often three to five times per week, as a formal, enforceable substitute for the in-person weeknight time the distant parent loses.

Virtual visitation, sometimes called FaceTime custody or electronic communication, is the backbone of a workable long-distance plan. Rather than leaving contact to chance, an effective plan specifies the platform, the days and times, the minimum call length, and which parent initiates the connection. A common structure gives the distant parent a video call on set evenings, plus open-ended text or phone access appropriate to the child's age. Courts view interference with court-ordered virtual contact the same way they view interference with physical time-sharing: as a violation that can support enforcement or contempt. Well-drafted plans also address practical realities, such as requiring the residential parent to ensure the child is available and free of distractions during calls, and prohibiting either parent from monitoring or recording the conversations. Virtual contact supplements physical time-sharing; it never fully replaces the extended in-person blocks that anchor the relationship.

Building a Long-Distance Time-Sharing Schedule

A long-distance time-sharing schedule concentrates the out-of-state parent's time into large, predictable blocks: the majority or entirety of summer break, alternating major holidays, and most school recesses such as spring and winter break. The residential parent typically holds the school year, while the distant parent may receive 6 to 10 weeks each summer plus scheduled travel for long weekends.

Because the child attends one school in one district, the plan must fix a single school-year residence, and the calendar then allocates the non-school time to the distant parent. Typical building blocks include the bulk of summer vacation with the non-residential parent, a rotation of Thanksgiving and winter holidays so each parent gets alternating years, and the entire spring break in alternating years or every year. Many plans add periodic long weekends when the distant parent travels to the child's city, and they specify who covers airfare, whether an unaccompanied-minor fee applies, and where exchanges occur. The plan should also state how the parents will handle the child's birthday, Mother's Day and Father's Day, and school days off. To estimate how different block schedules translate into annual overnight percentages, use our parenting time calculator before you commit to a proposed plan. A detailed schedule prevents the recurring conflicts that drive families back to court.

Travel Costs, Logistics, and Transportation Provisions

Florida courts expect long-distance parenting plans to allocate travel costs and logistics explicitly, and judges may divide airfare, mileage, and unaccompanied-minor fees between parents based on their relative incomes and who caused the distance. The plan should name the exchange location, the responsible party for booking, and a fallback for weather delays or missed flights.

Transportation is where long-distance plans most often break down, so specificity protects both parents and the child. A strong provision addresses several questions in writing: who pays for flights or fuel, and in what proportion; whether costs split 50/50 or track each parent's share of combined income; who books tickets and by what deadline; the airport or midpoint used for exchanges; and who accompanies a young child who cannot fly alone. Because major airlines charge unaccompanied-minor service fees, and those fees change frequently, the plan should assign responsibility rather than a fixed dollar amount. Courts often place more of the travel burden on the parent whose move created the distance, consistent with the relocation statute's focus on preserving the child's relationship with the parent who stayed. The plan should also cover practical contingencies such as canceled flights, a sick child, and passport or identification requirements for international travel.

How to File and Establish a Parenting Plan in Florida

To establish a long-distance parenting plan, you file a Petition for Dissolution of Marriage (or a paternity action) in the circuit court of the county where you meet the six-month residency rule under Fla. Stat. § 61.021. The filing fee is $408–$409 plus a $10 summons issuance fee as of March 2026; verify the current amount with your local clerk.

The process begins with the petition, which must attach a proposed parenting plan and, in cases with children, financial affidavits and mandatory disclosure. After the petition is filed and the other parent is served, that parent has 20 days to respond. Parents who agree can submit a joint, signed parenting plan for the judge to ratify; parents who disagree usually attend mediation, which most Florida circuits require before trial. If mediation fails, a judge decides time-sharing after applying the best-interest factors in Fla. Stat. § 61.13. Florida imposes a 20-day minimum waiting period under Fla. Stat. § 61.19 before entering a final judgment, though contested long-distance cases realistically take several months to a year. Fee waivers are available for filers who qualify as indigent. For a step-by-step view of your specific situation, generate a personalized divorce roadmap or connect with a Florida divorce attorney.

Modifying an Existing Long-Distance Parenting Plan

Modifying a Florida parenting plan requires proving a substantial, material, and unanticipated change in circumstances since the last order, plus a showing that modification serves the child's best interest under Fla. Stat. § 61.13. A parent's relocation of 50 or more miles is one of the most common triggers for modification, but it must follow the relocation statute.

The modification standard is deliberately high to protect stability, so ordinary changes, like a modest raise or a new relationship, rarely qualify. Courts look for genuinely significant shifts: a job transfer to another state, a parent's return from military deployment, a child's changed medical or educational needs, or a proven pattern of one parent frustrating the other's time-sharing. When the change is a move triggering the 50-mile threshold, the parent must satisfy Fla. Stat. § 61.13001 through agreement or petition rather than modification alone. If both parents consent to new terms, they can file an agreed modification for the court to ratify, which is far faster than litigation. Because the burden and procedure differ depending on whether relocation is involved, parents should understand which statute governs before filing. Understanding equitable distribution and how any support obligations interact with a revised schedule also matters, since a large shift in overnights can affect child support.

Frequently Asked Questions

What is the 50-mile rule in Florida parenting plans?

The 50-mile rule comes from Fla. Stat. § 61.13001. Any move that relocates a child 50 or more miles from the residence at the time of the last order, for at least 60 consecutive days, legally counts as relocation and requires either both parents' written agreement or a court-approved Petition to Relocate.

Can I move out of state with my child during a Florida divorce?

Not without authorization if a time-sharing order or pending case exists. Under Fla. Stat. § 61.13001, a move of 50-plus miles requires a signed parental agreement ratified by the court or a granted Petition to Relocate. Unauthorized relocation can result in the child being ordered back and time-sharing shifting to the other parent.

Does Florida's 50/50 custody presumption apply if parents live far apart?

The rebuttable presumption of equal time-sharing under Fla. Stat. § 61.13 still applies, but distance frequently rebuts it. A court cannot order equal overnights when parents live in different cities, so it typically grants school-year residence to one parent and extended summer and holiday blocks to the other, while both keep shared decision-making.

What is virtual visitation under Florida law?

Virtual visitation is court-ordered electronic contact, such as FaceTime or video calls, that Fla. Stat. § 61.13 requires parenting plans to address. In long-distance cases, courts commonly order three to five scheduled video calls per week as an enforceable substitute for the in-person weeknight time the distant parent cannot have.

Who pays for travel in a long-distance parenting plan?

Florida judges allocate travel costs case by case, often dividing airfare and unaccompanied-minor fees by each parent's share of combined income. Courts frequently place more of the burden on the parent whose move created the distance. The parenting plan should name who books flights, the exchange airport, and how delays are handled.

How much does it cost to file for divorce with children in Florida?

The dissolution of marriage filing fee is approximately $408–$409, plus a $10 fee to issue the summons, as of March 2026. Verify the exact amount with your local clerk, since fees vary slightly by county. Filers who qualify as indigent may apply for a fee waiver through the clerk of court.

How long does a long-distance parenting plan case take in Florida?

Florida requires a 20-day minimum waiting period under Fla. Stat. § 61.19 before a final judgment. An uncontested plan may finish in one to three months, but contested long-distance or relocation cases that require mediation and an evidentiary hearing commonly take six months to a year or more.

Can a long-distance parenting plan be changed later?

Yes, but modification under Fla. Stat. § 61.13 requires a substantial, material, and unanticipated change in circumstances plus a best-interest showing. A parent's out-of-state job transfer or a child's changed needs may qualify. If the change is a 50-mile move, the parent must instead follow the relocation procedure in Fla. Stat. § 61.13001.

Do both parents keep decision-making authority in a long-distance plan?

Yes. Florida strongly favors shared parental responsibility, so both parents typically retain equal authority over education, healthcare, and religion even when one has far fewer overnights. A court restricts this to sole parental responsibility only when it finds shared decision-making would be detrimental to the child under Fla. Stat. § 61.13.

How many miles apart makes a plan "long-distance" in Florida?

Florida uses roughly 50 miles as the practical threshold, matching the relocation statute Fla. Stat. § 61.13001. Below that, parents can often run a modified standard schedule with a longer commute. At or beyond 50 miles, courts shift to a long-distance structure built on summer and holiday blocks plus scheduled virtual contact.

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Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Florida divorce law

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