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Florida – Moving with Minor Children (Locally less than 50 miles) by Dana E. Quigley, Esq.

Moving with Minor Children (Locally less than 50 miles)

Unless you have an agreement with the other parent or there is an order or judgment prohibiting you from moving locally, you are permitted to move 49.999 miles without needing his or her or the court’s permission to relocate locally. Specifically, Florida Statute 61.13001(1)(e), Parental “relocation" with a minor child is defined as

(e)“Relocation" means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence . . . “

The Florida Statutes are available online. I have attached a link for the above-mentioned statute which you may find at http://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html

Of course, if you are relocating to a residence more than 50 miles away then you do need to have the other person agree to the same and/or get the court’s permission. This is accomplished by filing a Petition to Relocate. The procedures and the factors for the court to consider are Petition to Relocate are set forth in Florida Statute 61.13001(3).

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