Relocation of Children

Cases concerning the relocation of children in Florida are governed under Florida’s Relocation Statute. Aa link to the Relocation Statute is provided here:   Section 61.13001, Florida Statutes (2019)

The Relocation Statute is complicated, and getting the help of a lawyer for your relocation issue will definitely pay off.  To determine if the statute applies to your situation, three questions must be answered with a “yes”:

  1. The state of Florida must have jurisdiction over the children who are being relocated under a statute called the UCCJEA  (Uniform Child Custody and Jurisdiction Act).

  2. There has to be a planned relocation of the children at least 50 miles from their prior residence.

  3. There has to either be a prior court order, or pending case, concerning the custody (“time-sharing”) of the children.

Warnings  

#1 – Even if a move does not trigger the Relocation Statute, the move may still result in conflicts with the terms of a parenting plan.  Your safest bet is to consult with an attorney before your move.

#2 – Even if there is no custody order, the Circuit Court for the County where you are currently live (before the move) may continue to have jurisdiction to enter a custody order after your move.  In fact this is quite likely.  (The UCCJEA will determine which court has jurisdiction to enter a custody order).  The Judge assigned to your case will probably not appreciate a sudden change to the child’s residence, and may enter an order forcing a return of the child.  Again, the best approach is to talk to a lawyer, before moving with your children.  

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