As is the case in other states, Florida has special rules which require parents to take special steps if they are subject to a custody and parenting time order and want to move.
The first step any parent should take before deciding to move is to review her child custody order and parenting plan. These documents could include special instructions about relocation.
However, Florida also has a law which covers cases when a parent wants to relocate. The law does not apply to every move. Moves that are within 50 miles of a parent’s existing home are not subject to this law.
Short-term moves, for less than 60 days, and certain other temporary relocations also do not require a parent to follow Florida’s relocation law.
A parent may have to get the court’s permission in order to move
Perhaps the simplest way to follow this law is for the parents to agree to the move. In this case, all the parents need to do is file a written, signed agreement with the court. The agreement should also address any necessary changes to the parenting plan.
Without an agreement, a parent will have to file a formal request to move with the family law court. The parent who wants to move will have to properly notify the other parent of the request.
If the other parent does not object after receiving notice, the parent will usually be able to get the court’s permission to move.
The other parent has the right to object to the move. In such cases, a parent will have to convince a judge that the move is in the best interest of the children involved. The judge will consider a number of factors when making a decision.
Even if the judge approves the move, he or she may also modify the parenting plan.
Most parents who want to relocate either out-of-state or to another part of Florida do so for good reasons. The move may even be an important change both their families and them.
This is one reason why a parent who wants to move will need to understand his or her legal options.