Legal Question in Family Law in Florida
I have a question re: relocation of children of a divorced mother. Specifically, what are the notification requirements and how is the distance calculation of 50 miles done?
3 Answers from Attorneys
You have to obtain the father's written permission and then have it ratified with the court (have a judge enter the relocation as an Order of the court). Otherwise you have to file a Petition to Relocate outlining the reason for relocation (if a job, attach the job offer), how it will be in the best interest of the children and how time sharing will continue despite the fact that you are moving more than 50 miles away. The Petition has to be filed with the clerk of the court and served formally on your ex.
50 miles is "as the crow flies" The court will use the shortest horizontal line (straight-line measurement) and not as you would think, the distance on a highway or a regularly traveled route (road miles measurement).
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Natalie Hall, Esq.
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Florida Statute 61.13001 Parental relocation with a child - should give you the information you are searching for. If I can be of assistance in getting you a relocation Order - please contact my office for an appointment. 904-997-1031
You have to get written consent from the ex or a court order. Contact my office for free consultation 727-446-7659.