Legal Question in Family Law in Florida

If I am moving from Miami to Orlando and have sole custody of my child, do I need to file a petition to relocate? From my understanding, I can't go out of the state without letting the court know. But I will still be in state. The father is in house arrest currently for domestic violence and the on probation after that.


Asked on 2/12/13, 8:26 am

4 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If you have paper work in the court as to child support and paternity and you have NOT terminated the rights of the father - then yes, you have to file a Petition to relocate. If you have no papers in court and his name is just on the birth certificate - then he has NO rights unless he applies for them through the court. IF you have an agreement with him out side of any ORder issued by the court - he has NO rights.

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Answered on 2/12/13, 8:30 am
Gregory Buckley Gregory T. Buckley, Attorney at Law

If you are moving more than 50 miles, you will need to comply with the Parental Relocation Statute, assuming that the father has established his rights to the child in court.

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Answered on 2/12/13, 8:39 am
David Slater David P. Slater, Esq.

Mr.Buckley is correct. You must petition the court for relief.

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Answered on 2/12/13, 9:11 am
John Smitten Carey and Leisure

if you are moving less than 50 miles then you can move without consent or a court order. Contact my office for free consultation 727-446-7659.

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Answered on 2/12/13, 1:40 pm


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