Child Relocation
Under Florida law, relocation of a child refers to a residence greater than 50 miles away from the place of residence at the time of the entry of the most recent parenting plan or the time-sharing schedule or both for the minor child, unless the minor child is less than 50 miles from either parent.
If the parents and every person entitled to time-sharing with the minor child agree to relocation, a written agreement is entered it that reflects to the consent to the relocation, a time-sharing schedule for the non-relocating parent and transportation arrangements related to the time-sharing. Within 10 days after the relocation agreement is entered into by the parties, the court will adopt and ratify the agreement and presume that relocation is in the best interest of the child.
If the parties do not agree on the relocation of a child, the relocating parent must prepare and serve on the non-relocating parent a Petition to Relocate. The Petition to Relocate has specific requirements that must be met in order to satisfy the statutory requirements. If the non-relocating parent objects to the relocation, you are not permitted to immediately relocate with the minor child. However, the request to relocate must proceed to a temporary hearing or trial to obtain court permission to relocate.
The court can permit you to relocate on a temporary basis or restrain a parent from relocating.