Are you thinking of relocating with your minor child? As discussed in a previous blog on this topic, Florida’s relocations statute (Section 61.13001) has many important requirements that must be fulfilled before a parent will be permitted to relocated more than 50 miles away with a minor child. However, it is important to remember that the requirements of the relocation statute only apply to you if there has previously been a court order entered which discusses parenting/time-sharing. For example, you do not need to fulfill the requirements of the relocation statute if you are:
1. Married and contemplating or going through a divorce, but there has been no court order entered which discusses parenting/time-sharing, temporary or otherwise
2. Married or unmarried, and have only a child support order in place, but no parenting/time-sharing order.
Of course, it is my advice to always discuss any major moves with the other parent whenever possible and to confirm or give notice of any relocation plans in writing. Not being under the umbrella of the relocation statute does not mean you have free reign to do whatever you want — the other parent always has the option to seek temporary or permanent relief from the court.
Reference: Fla. Stat. 61.13001 and Davis v. Davis, Fla. 4th DCA, No. 4D11-3028 (June 6, 2012), courtesy of Valarie Linnen, Esquire (www.LinnenLegal.com)