Question 1

What is Florida's 50-mile relocation rule?

Accepted Answer

Florida law requires a parent with majority time-sharing to obtain either written agreement from the other parent or court approval before relocating more than 50 miles from their current residence for at least 60 consecutive days. This applies when a parenting plan, time-sharing schedule, or other custody arrangement is in place. Relocations within 50 miles generally don't require court approval or consent.

Question 2

What is required in a Florida relocation petition?

Accepted Answer

A relocation petition must include: proposed new address and phone number, relocation date, reasons for relocation, description of employment/educational opportunities, proposed revised time-sharing schedule, transportation arrangements for time-sharing, and a statement that the other parent received the petition. The petition must be served at least 45 days before the proposed move or within 10 days of learning about a job-required relocation.

Question 3

What factors does a Florida court consider in relocation cases?

Accepted Answer

Florida courts consider: relationship between child and each parent, child's age and needs, impact on child's development and education, feasibility of preserving relationship with non-relocating parent through modified schedule, child's preference if mature enough, reasons for relocation, reasons for objecting to relocation, whether relocation will improve quality of life, and each parent's compliance with existing arrangements.

Question 4

Can the other parent stop me from relocating with my child in Florida?

Accepted Answer

Yes. If the other parent objects by filing a response within 20 days, the court will hold a hearing. The relocating parent bears the burden of proving relocation is in the child's best interest. If the other parent has substantial time-sharing and objects, courts often deny relocation, especially if the move primarily benefits the parent rather than the child or disrupts established relationships.

Question 5

What happens if I relocate without court approval in Florida?

Accepted Answer

Relocating without required consent or court approval is a serious violation. Consequences include being held in civil or criminal contempt, being ordered to return immediately, losing primary residential custody, being required to pay other parent's attorney fees, modification of time-sharing schedule, and potential impacts on future custody determinations. Always obtain proper authorization before relocating with a child.

Parental Relocation

Parental Relocation | Tonya Holman Law Firm | Okaloosa County

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