If I have custody of my child(ren), can I move out of the State?
If you have followed the proper procedures and the other parent does not object to the move, you may be able to move. Florida Statutes requires a parent to send the parent a notice, in writing, of their intent to relocate. The Statute provides the provisions that the Notice must contain. Thereafter, the other parent has thirty (30) days to object. If that parent does not object, the Court can then sign an order stating that you can move.
How far can I move without consent of the other parent or court order?
If your Final Judgment or custody order does not address relocation, the law states that you can move within a 50 mile radius from your residence when the Court signed the custody order.
What if I move without a Court order or consent of the other parent?
The Court can order that the child be transported back to Florida immediately and the Court can transfer custody to the other parent. For this reason, it is important that a parent follow all the requirements and obtain representation in order to relocate.
What if I am the secondary residential parent (visiting parent), can I move?
Yes, only the primary residential parent is prevented from moving from their residence. However, a secondary residential parent will need to modify the visitation schedule with the minor child(ren).
What if my divorce decree or custody order states that I cannot move outside of the State but the other parent says I can?
If the other parent consents to the move, you must modify the Final Judgment, divorce decree, or custody order to reflect the change. It is important this be done and a court order granted modifying the previous relocation restriction, otherwise, the parent that relocates can still be held in contempt.
What if my divorce decree or custody order states that I cannot move outside the state but I want to move more than 50 miles away from my residence at the time the divorce decree was entered?
You must send a Notice of Intent to relocate to the other parent as outlined in Florida Statutes.
What if there is no custody order or divorce decree, can I move?
The statute that sets forth the limitation on relocating with minor children addresses any parent that has acted as a "primary residential parent" if there is no custody order entered. Therefore, you must send a Notice of Intent to relocate and follow the requirements of the relocation statute.
