Florida family law encourages parents to share the rights, responsibilities, and joys of raising their children together. If a custodial parent moves 50 miles or more away from the primary residence, it may make frequent and continued contact with both parents unattainable. Therefore, Florida child custody law will require the relocating custodial parent to either: obtain written consent from the other parent or obtain court approval before relocating with the child more than 50 miles from the primary residence.
Consent From Other Parents:
The relocating parent must obtain written consent from the other parent and any other person with visitation rights prior to the move. The consent must be in writing and it must be specific. It must include the visitation rights of the non-custodial parent and describe the transportation arrangement for visitation. Furthermore, the consent must be endorsed by a Florida family law court before the parent relocates.
If the non-relocating parent does not consent to the move, the relocating parent must go to court and get approval from a family law judge prior to moving. Failure to first get court approval can subject the parent to contempt of court, and other legal penalties are possible as well. In order to obtain court approval, the relocating parent will have to prove beyond a preponderance of the evidence that the relocation is in the best interest of the child. In determining the best interest of the child the court will consider many factors such as:
- Why the parent wants to move
- The age of the child
- The ability of the non-relocating parent to visit the child
- Educational resources available at the new location
- How involved the non-custodial parent is in the child’s life
- The Impact the relocation will have on the child’s physical, educational, and emotional development
- The employment and economic circumstances of each parent
- The child’s preference
- The distance the new location is from other family members
Speak to a Tampa Divorce Lawyer About Relocation & Child Custody in Florida
If you are a custodial parent who wishes to relocate or a parent who wants to prevent a relocation, the professional legal team at Florida Law Advisers, P.A., can help. Our Tampa child custody attorneys have years of experience representing clients in relocation matters. We have a thorough understanding of the law and use our skills in the courtroom to help protect our client’s parental rights. We understand how important child custody matters are to our clients and we work tirelessly to help ensure our client’s rights are protected. Please do not hesitate to contact us if you have questions about your child custody rights.
Frequently Asked Questions
Generally, if there has been a prior custody case filed in court, you will need either the other parent’s permission or court approval before moving more than 50 miles away. The requirement is based on Florida Statute 61.13001.
The relocation must be in the best interest of the child. Therefore, a relocation case should focus on the improvements the relocation will have on the child’s life. Normally, the relocation request should also provide for time-sharing with the other parent.
Yes, under Florida Statute 61.13001, approval from the other parent or the court may be required before relocating with a child. If a parent objects to the relocation, the judge will decide the case based on the best interests of the child.
Florida Statute 61.13001 requires approval from the other parent or the court before relocating with a child. However, the Statute does not apply to all custody situations. You should contact a family law attorney for advice about the requirements for your specific case.