Legal Question in Family Law in Florida

I have primary custodial rights over my daughter. She is court ordered to visit her mom one day a week, and every other weekend. I want to move 55 miles away from my current location. My daughter's mother is opposed to us (my daughter and myself) moving. Can i legally move out of the county (polk county) to Pinellas county. Do i have to go in front of a judge or can i just supply the courts and her mother of my soon to be address and move? I told her i would drive our daughter to her every other weekend, and it's her responsibility to pick her up on her one day a week. Is this ok?


Asked on 4/13/15, 10:40 pm

2 Answers from Attorneys
Robert McCall Law Office of Robert McCall

Florida Statute 61.13001 controls. You must show the best interest of the child would be served, not your individual interest.

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Answered on 4/14/15, 7:37 am
Jennifer Jacobs Law Offices of Jennifer A. Jacobs, LLC

If you plan to move more than 50 miles from your current residence you must either obtain consent from the child's mother or from the court by filing a Petition to Relocate. If you move with the child without first obtaining permission from the court you could be held in contempt, the child can be ordered to return, and it can be used against you later in any hearing on a petition to relocate.

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Answered on 4/14/15, 12:19 pm


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