Unless you and your co-parent share equal physical custody, the onus is left on one parent to house and care for the children for the majority of their lives. There may be times when that parent feels the need to relocate with those children. This can be for a better job or to be closer to family, but can a parent just move their children when they need to?
In the state of Florida, they can’t. There are specific conditions that must be met to legally move your children. This rule is called the 50-mile rule, and if you’re a parent in Florida with a partner who has an active part in your children’s lives, you need to educate yourself on this rule.
Untying the Knot Online can inform you about the 50-mile rule and help you create a divorce agreement on our online divorce platform.
The “50-mile rule” in Florida custody law is formally known as the Relocation Statute (Florida Statute 61.13001). This law regulates the relocation of a divorced parent with their children when the relocation is:
This law specifically does not consider temporary absences for purposes like vacations or health care. If relocation does meet the two criteria, there needs to be formal permission from the other parent to avoid legal discourse.
The requirements for moving your child a 50-mile distance away from their normal residence include:
You might need to relocate your children outside of the 50-mile radius for various reasons. When seeking court approval for such a move, these reasons are often evaluated in the context of the child’s best interests. Common reasons include:
Employment opportunities are some of the most common reasons why a parent would want to relocate with their children.
For example, you might receive a job transfer or accept a new job that offers better financial stability or career advancement opportunities. You might even move to pursue higher education or training to improve your job prospects.
Family support can be key to raising children and maintaining a job. It’s common for parents to relocate closer to extended family members who can provide emotional and practical support, especially if the parent is a single parent. You may even need to move to care for another family member rather than gain help, such as to care for aging parents or other relatives.
You or your child may require healthcare services and treatments that are not readily available where you live now. You may even want to move because your current neighborhood has grown less safe due to growing crime rates, or maybe you’re finally able to afford to live in a better neighborhood.
As a parent who wants to provide the best for your child, you may want to move to find better living conditions, such as access to:
Following the breakdown of a relationship, one parent may need to relocate to start anew, or even to be with a new spouse or partner who lives out of the current area.
When presenting these reasons to the court, it’s essential to provide detailed evidence and arguments that demonstrate how the move will benefit your children and address the potential impacts on the non-relocating parent’s relationship with the child. The court will consider these factors carefully to determine if the relocation aligns with the child’s best interests.
If you’re still going through the divorce process and need to be able to relocate soon after or even during the divorce, check out our online divorce services and/or schedule a virtual consultation today.
At Untying The Knot, we focus on a kinder, gentler divorce – to allow you to move on with your lives more quickly, less expensively and with way less drama.