Parents in Weston and throughout South Florida often face the question of whether they can move with their child after a divorce or paternity case. Maybe you’ve been offered a new job, want to be closer to family, or are simply looking for a new start. Before packing up, it’s essential to understand that Florida law has strict rules about when and how you can relocate with your child. The heart of this issue lies in what’s known as the **50 mile rule**, which defines when a move becomes a legal relocation and the process for getting approval.
Understanding Florida’s 50 Mile Rule
Under Florida Statute 61.13001, a “relocation” occurs when a parent moves more than 50 miles from their current residence for at least 60 consecutive days. This statute applies to parents who share parental responsibility, regardless of whether they are divorced or have a paternity case in place.
A few key points to keep in mind:
- Short trips for vacations, medical treatment, or temporary work do not count as a relocation.
- If your new home is less than 50 miles away, you don’t need court approval but must still inform the other parent of your new address.
- If your move significantly affects your current parenting or time-sharing schedule, even if it’s under 50 miles, the court could still evaluate whether your parenting plan needs to change.
In short, the law is designed to protect the child’s connection with both parents while still allowing legitimate moves that serve the child’s best interests.
Moving More Than 50 Miles: What You Need to Do
If your move exceeds 50 miles, you must either reach an agreement with the other parent or ask the court for permission. Failing to follow this process can lead to serious consequences that could affect custody arrangements.
Option 1: Reaching a Written Agreement
The simplest route is mutual agreement. Both parents can sign a written relocation agreement that includes:
- The new address and reason for the move
- A revised time-sharing schedule that works for both parents
- Plans for how transportation for visitation will be handled
- Ways to maintain consistent communication between the child and the non-relocating parent
Once this agreement is filed with the court and approved as being in the child’s best interests, the move can happen without a hearing.
Option 2: Filing a Petition for Relocation
If the other parent does not agree, you must file a **Petition for Relocation** with the court. This formal request must contain detailed information, including:
- The new address, phone number, and reason for the move
- A proposed revised time-sharing and visitation plan
- Details about transportation arrangements for visits
- How the move will affect your child’s schooling, community involvement, and general well-being
- Evidence of a job offer or employment opportunity, if relevant
The other parent then has 20 days to object. If they do not respond in time, the court may approve the move without a hearing. If they file an objection, the court will schedule a hearing to decide whether relocating is truly in the child’s best interests.
How Courts Decide Relocation Requests
Florida courts focus on one central question: **Is this move best for the child?** The burden of proof lies with the parent who wants to relocate. Judges evaluate multiple factors, such as:
- The child’s relationship with both parents
- The age, developmental stage, and specific needs of the child
- How the move might improve the child’s education, healthcare, or living environment
- Each parent’s record of cooperating with custody and co-parenting agreements
- The ability to afford travel and make visitation feasible
- The potential emotional and social impact of moving on the child’s life
No automatic preference exists for or against relocation. Every case is unique and decided on its facts. In Weston or nearby areas like Davie, Plantation, and Pembroke Pines, judges often look closely at whether the child will gain tangible benefits and whether both parents can continue a meaningful relationship after the move.
Special Rules in Paternity Cases
For unmarried parents, relocation can get complicated. If a mother leaves Florida with a child before a paternity order is established, the father may still have the right to file a petition within six months asking the court to have the child returned. This means that even if there hasn’t been a formal custody order yet, relocation restrictions can still apply once a paternity action begins.
It’s crucial to resolve paternity and custody issues before moving, to prevent unnecessary legal battles later. Parents in Weston who share parenting responsibilities should have a clear plan that outlines where each parent lives, how time-sharing works, and what the process will be if one wants to move.
Risks of Ignoring the 50 Mile Rule
Relocating without following Florida’s legal process can result in significant legal trouble. Some of the consequences can include:
- Being held in contempt of court
- Losing primary custody or time-sharing rights
- Possible criminal penalties depending on the situation
If one parent moves a child without consent or court approval, the court can order that the child be returned until a hearing is held. Taking the legal route not only protects your rights but also demonstrates to the court that you are acting responsibly and in your child’s best interests.
Protecting Your Rights and Your Child’s Stability
Moving after a divorce or paternity order should never be a spontaneous decision. The process is meant to safeguard the child’s relationships and emotional stability while still allowing parents to pursue opportunities for growth and improvement.
Parents in Weston and the surrounding Broward County area should always have legal guidance before taking steps toward relocation. Whether you’re seeking mutual agreement or petitioning the court, having a family law attorney who understands Florida’s relocation statute can make a major difference in both the outcome and the process.
Speak With a Weston Family Law Attorney
If you’re thinking about relocating with your child, start by speaking with a trusted family law attorney who can help you understand your rights and options. The team at Genova Family Law assists parents throughout Weston, Davie, and Pembroke Pines with relocation, custody modifications, and paternity actions. We work to ensure your move complies with the law while prioritizing your child’s best interests.
Contact Genova Family Law today to schedule a confidential consultation and take the right steps toward protecting your family’s future.