Florida Law for Child Custody & Moving Out of State

The state of Florida recognizes that circumstances may require a custodial parent to move out of the area or even out of the state. The Legislature has made provisions for these situations.

Relocation

Florida requires a custodial parent to petition the court when moving the child 50 miles or more from the primary residence for a minimum of 60 days. The statute makes no distinction between moving the child within the state or to another state when defining the need for a request to relocate.

Methods of Petitioning

When the parents can agree on the relocation, a written statement of the agreement must be filed with the court. When there is no agreement, the custodial parent must file a petition for the relocation and serve it on the other parent and any other party with visitation rights with the child.

Factors in Decision

The child's relationship with the relocating parent as well as her relationship with the other parent and any other parties in her life is examined by the court. The age and preference of the child is considered, along with the economic situation of the parties.

References

• Florida Legislature: The 2010 Florida Statutes