Legal Question in Family Law in Florida

Re: Florida Relocation Law

I have not heard of any case finding that the statute is unconstitutional.

You're best course of action is to proceed with a petition to relocate pursuant to the statute. If and when the Court denies your petition, you would have to appeal on constitutional grounds or other reversible error.

Re: Florida Relocation Law

No appellate court has found Florida's relocation statute unconstitutional, and it's unlikely to happen, given that other states have upheld similar statutes, and given that I haven't heard of a single trial court judge giving any indication whatsoever that the statute may be unconstitutional.

Re: Florida Relocation Law

There is not a case which has declared the Relocation Statute unconstitutional. I don't believe this is likely to occur. The relocation law does not require a parent to not relocate, but to inform the other parent and the court before relocating. If the other parent has an issue, the custodial parent then has an opportunity to justify the relocation as in the best interest of the child(ren).