What is Florida's statute of limitations for child relocation in a divorce?

The Florida relocation statute 61.13001 was originally passed in October 2006 and then amended in 2008 and 2009. The law restricts the rights of a custodial parent to relocate 50 or more miles away from the home of the non-custodial parent. The parent who is moving must request court consent and justify the relocation. The non-custodial parent is given an opportunity to object, and it is up to the court to decide if the relocation will be approved or denied.

Procedure on Moving a Child in the Case of Divorce

The Florida Child Relocation Law amendments passed by the state legislature in 2009 identify the rules and procedures to be followed in the event a custodial parent wants to move to another location.

• The non-custodial parent must have a legal right to time-sharing with the child in order for the law to apply
• The custodial parent files a petition for relocation named the Notice of Intent to Relocate with the court and must explain why the move is in the best interest of the child
• The noncustodial parent may file a response to the petition within 20 days, and if no response is filed the court can accept the petition
• If the noncustodial parent objects to the relocation, the response must detail why the relocation is not in the best interest of the child

The custodial parent must show good cause for relocation in the petition which may include a job transfer or new job availability. The petition must also outline a revised visitation schedule, the address of the new location, and transportation arrangements for the child.  The non-custodial parent then has a right to attend an evidentiary hearing. At the evidentiary hearing documents and witnesses can be introduced.

Consult an Attorney

It is important to be represented by an attorney during the process of petitioning for child relocation or when responding to a petition due to the emotional and complex issues that can arise. An attorney can insure all court petitions are properly completed and that arguments for or against relocation are supported with appropriate evidence.