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I was given sole parental responsibility and time-sharing of my son through the divorce.

Melbourne, FL |

My ex only has liberal phone contact through the general magistrate's recommendations, which was adopted by the Judge in the final order, although we do supervised visits about once every three months when he asks. I would like to move out of state and, after reading both the general magistrates report and the final order from the Judge, neither one says anything about getting permission to move more than 50 miles. Do I need to petition the courts to move? I have let my ex know, and he didn't say yes, but not no either.

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Attorney answers 3

Best Answer

Great question...and the answer is YES, even though the order does not say anything about moving 50 miles, Florida Statute Section 61.13001 is the parental relocation statute that must be strictly followed. You should either obtain an attorney or carefully review the statute and I would strongly advise against moving without following the statute.

I have posted the link for you below.

Good luck to you.

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.



Thank you. I just wanted to make sure before I finished all of the paperwork.


The Florida rules for permanently locating a child more than 50 miles are strict, and you didn't find the rules in your order because the rules are in the Florida Statutes (61.13001). You'll probably want to speak to a lawyer because a mistake in following the rules could cause your child to be ordered back to Florida and into the custody of the other parent.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!



Thank you. Due to finances, I am doing all of the paperwork on my own, but our clerk of courts site is very good about noting which forms are needed.


Perfect response by both of my esteemed colleagues.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

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