If your child has ever been subject to a custody proceeding (such as divorce, paternity, or temporary custody), then you are likely restricted in where you can move with the child under section 61.13001, Florida Statutes. This law, known as the “Relocation Statute,” prevents a parent from moving a child more than 50 miles except under certain circumstances.
The first circumstance allowing relocation is if both parents agree. However, strict requirements must be followed. The agreement must:
- Be in writing;
- Reflect everyone’s consent to the relocation;
- Include a time-sharing schedule for the non-relocating parent; and
- Describe transportation arrangements for the non-relocating parent to see the child.
The Agreement must then be filed with the court and ratified by the judge.
If the parents do not agree to the move, then the parent seeking to move may file a petition to relocate, a process that also has some strict requirements.