We live in a word where people are frequently asked to relocate as a condition of their employment and for other purposes. Parents of children in Florida are no different.
In fact, in some circumstances, relocating with children can serve the best interests of those children. However, if one parent seeks to move their children a long distance away from the other parent, the relocation can become extremely complicated for both parents.
Under Florida law, a relocating parent needs one of two things in order to relocate with minor children who are subject to a Florida parenting plan: 1) the consent of the non-relocating parent or 2) a court order authorizing the relocation. In Florida, parental relocation is addressed in Florida Statute § 61.13001. According to this statute, a “relocation” is defined as:
“[A] change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.”
Therefore, if a parent with custodial rights plans to move more than 50 miles away, for at least 60 days, that parent has to obtain the consent of the other parent or seek a court order authorizing the relocation. Otherwise, if the parent is moving less than 50 miles and/or for less than 60 days, neither consent nor a court order is required.
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