A question that comes up frequently in Florida family law practice is, what happens when one parent wants to move? There are lots of reasons one parent may decide to relocate. Whether it is to be closer to other family members, for a work opportunity, or due to the cost of living in the area. If you are facing divorce and there are minor children involved then you may need prior court approval to relocate.

When does the Relocation Rule Apply?

Florida Statute § 61.13001 (1) (2023), contains specific requirements when a parent, or any person with rights to time sharing with a child, desires to move. The relocation statute applies when:

(1) the move is for at least 60 consecutive days as opposed to a temporary absence such as a vacation;

(2) The move is at least 50 miles in distance (as the crow flies) from the parent’s prior address.

 If you meet this criteria, its imperative to comply with the relocation statute and petition the court to approve the relocation prior to making a move. If a party fails to obtain court approval to relocate that party could be held in contempt of court or ordered to return the child. 

If you or the other parent of your child are seeking to relocate you should consult with an attorney to discuss all issues involved in relocation with a minor child. Cody Law can help you navigate the process. Call or e-mail us for a consultation.