Legal Question in Family Law in Florida

Re: Relocation

Since you are not the custodial parent, the relocation statute does not pertain to you. Either way, any modification of custody would have to be decided by the court and is not automatic (i.e. summer only).

Your relocating 150 miles away is going to create questions about the facilitating of visitation, though. If you don't expect the mom to drive the child to you, at least not beyond what the terms of your judgment include, I don't see a legal problem based on the facts here.

She might petition to modify custody because your moving that far may be considered a "substantial change in circumstances" (I don't think it is) but I don't see a court modifying to summers only when you are still in the same State.

Re: Relocation

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So long as you do not mind driving to the locale where the child resides, your moving should not hamper your visitation rights. You should not expect the mother to drive the child to you, however, to accomodate your move.

If you are seeking a change in the visitation because of your move, you will have to file a petition with the court and have a judge make the determination. I would suggest that you obtain counsel to advise and guide you in this matter.

Scott R. Jay, Esq.