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One parent wants to relocate, post divorce, and take the child to the new city. What does FL law say about this possibility?

Miccosukee, FL |

The current custody is shared 50/50 and the non-moving parent has primary physical custody. The new city is 101 miles from the current city, and neither parent is unfit in any way. The child is an only child under 12.

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Attorney answers 2


There is a relocation statute in Florida it is Florida Statute 61.13001. The primary custodial parent cannot move more than 50 miles from the non-custodial parent without that parent's consent or permission obtained from the Court. The parent wishing to leave with the child must file a Petition to Relocate and serve the noncustodial parent. Then that parent has 20 days to object. The Court is supposed to expedite the motion on the court docket and hear it within 30 days. Hope this information helps. Good luck.

B. Elaine Jones, Esq.


I agree with the previous answer. Florida Statute 61.13001 prohibits relocation with the minor child absent consent or court order more than 50 miles from the residence of the child at the time of the most recent timesharing order. That statute contains numerous factors that the court must consider when deciding whether to grant relocation, all of which are related to what is in the best interests of the child. The analysis is fact intensive, so you should consult with an attorney to determine whether relocation is likely.

This answer is intend to provide general information on the topic raised by the question and should not be relied up as or considered to be legal advice. Before you take any action, you should retain and consult with an attorney to confirm what the appropriate course of action is in your particular case.

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