Florida law presumes that it is in the best interests of a child to have a meaningful relationship with both of his parents. Before a parent may move away and relocate the child, he or she must first receive permission from the court or the other parent.

According to the recent changes in Florida law, a parent may not move the principal residence of the child more than 50 miles from their original residence without consent from the other parent or obtaining a court order.

I can give you the assistance you need if you decide to move with your child more than 50 miles from your original residence or if you are disputing child relocation.

Guidelines for Relocation

Parents seeking or disputing child relocation must adhere to these guidelines:

• You must obtain written consent from the other parent before relocating your child more than 50 miles from their original residence.
• You need to send a notice to the other parent and file a Notice of Intent to Relocate with the court in order to receive permission to relocate your child.
• A parent who objects to child relocation must file an objection with the court within 30 days of receiving the written notice.
• If a party objects to child relocation, both parents must attend a court hearing to determine whether child relocation should be granted.

How the Court Decides

Like any other legal decision involving a child, the guiding principle used by the court is the best interests of a child. In reaching its decision regarding a proposed temporary or permanent relocation, the court shall evaluate several factors including:

• The child’s relationship with the nonrelocating parent and other significant persons in the child's life.
• The likely impact on the child's physical, educational, and emotional development.
• The feasibility of preserving the relationship between the nonrelocating parent.
•  The child's preference, taking into consideration the age and maturity of the child.
• Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child.
• The reasons of each parent for seeking or opposing the relocation.

Rights of the Nonrelocating Parent

If relocation is permitted, the court may order contact with the nonrelocating parent, including access, time-sharing, telephone, Internet, webcam, and other arrangements sufficient to ensure that the child has frequent, continuing, and meaningful contact, access, and time-sharing with the nonrelocating parent or other persons.

Seek Legal Advice

Because the new relocation laws are complex, seek the advice and assistance of a Florida attorney familiar with the particulars of family law if you decide to move with your child more than 50 miles from his original residence or if you are disputing child relocation.