In Florida, a custodial parent can move a child up to 50 miles from their current residence without needing to obtain consent from the other parent or a court order for relocation. However, moving more than 50 miles triggers specific legal requirements under Florida law.
Understanding Florida's Child Relocation Laws
Florida Statutes define specific rules for parents who wish to move with a minor child. These laws aim to protect the rights of both parents to have a relationship with the child and ensure the child's best interests are served.
The 50-Mile Rule Explained
The crucial threshold in Florida's child relocation statute is 50 miles.
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Moves 50 miles or less: Generally, a custodial parent can move with the child within this distance without formally seeking the other parent's consent or a court order, provided the move does not significantly disrupt the existing parenting plan or time-sharing schedule. However, it is always advisable for parents to communicate any residential changes to maintain a cooperative co-parenting relationship.
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Moves more than 50 miles: If a parent with custody intends to move a child more than 50 miles from their current primary residence, and the move is expected to last for more than 60 consecutive days (excluding temporary absences for vacation, education, or medical care), this constitutes a "relocation" under Florida law. Such a move requires a formal process.
What Constitutes a "Relocation" in Florida?
For a move to be considered a legal "relocation" under Florida law, two key conditions must be met:
- The change of residence must be more than 50 miles from the child's current primary residence.
- The change must be for a period of at least 60 consecutive days, not including temporary absences.
Steps for Moving Beyond 50 Miles
If a custodial parent wishes to move a child more than 50 miles for more than 60 days, they must follow a specific legal process:
- Obtain Consent: The moving parent must first attempt to obtain the written consent of the other parent (and any other person entitled to notice). This written agreement should detail a new time-sharing schedule, transportation arrangements, and any necessary adjustments to child support.
- File a Petition to Relocate: If the other parent does not consent to the relocation, the custodial parent must file a "Petition to Relocate" with the court. This petition must include specific information, such as the new address, the reason for the move, and a proposed new time-sharing schedule.
- Court Approval: The court will then review the petition and, if necessary, hold a hearing to determine if the relocation is in the child's best interest. The court considers various factors, including:
- The reason for the relocation.
- The child's preference (if mature enough).
- The impact on the child's quality of life, education, and emotional well-being.
- The ability of the non-relocating parent to maintain a relationship with the child.
- Whether the relocation is requested in good faith.
The table below summarizes the general requirements based on distance:
| Distance of Move | Legal Requirement |
|---|---|
| 50 Miles or Less | Generally does not require formal consent or court order for relocation, though communication with the other parent is highly recommended to maintain a good co-parenting relationship and avoid potential disputes over parenting plan adherence. |
| More than 50 Miles | Requires written consent from the other parent OR a court order if consent is not given. This applies if the move is for more than 60 consecutive days. This legal process ensures all parties' rights and the child's best interests are considered under Florida's child relocation laws. |
Consequences of Non-Compliance
Moving a child more than 50 miles without following the proper legal procedures can lead to serious consequences. A parent who relocates without consent or a court order may face:
- Contempt of court charges: If a court order was violated.
- Return of the child: The court may order the child to be returned to the original location.
- Changes to the parenting plan: The court may modify the time-sharing schedule, potentially reducing the relocating parent's time with the child or even changing primary custody.
It is crucial for custodial parents contemplating a move in Florida to understand and adhere to these legal requirements to avoid potential complications and ensure a smooth transition for their child.
