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What rules govern the relocation of a parent with a child?

  • By: Andrew Merlo
  • Published: October 15, 2018

Relocation is when a parent moves 50 or more miles away for more than 60 days. Florida has a relocation statute that sets forth the procedure to be followed when a parent feels they need to permanently relocate. If you intend to relocate, then you must first go back to court. You are obligated to have the court approve the relocation in advance before doing so. You must also provide the other parent with notice of your intent to relocate. The parent who gets the notice has to respond within a certain amount of time.

If the parent does not respond in a timely manner, it is going to be presumed there is no objection to relocation. If the other parent does object, which is often the case, there has to be a trial or a hearing and the judge will decide whether or not it is in the child’s best interest for the relocation to take place. No one can stop the parent from the move, but they cannot take the child with them. It requires the court approval and it requires strictly adhering to the relocation statute.

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