Florida’s relocation statute – FS 61.13001 (enacted 2006) – significantly restricts the custodial parent’s right to move out of the non-custodial parent’s residence. Before the statute passed, a custodial parent could virtually move anywhere in Florida without permission from the court.

However, the Florida legislature enacted that it has redefined the term relocation as moving 50 miles or more from the other parent’s residence. Under prior case law, relocation was interpreted to mean moving out of Florida, not within Florida. Under the new law, a parent who receives custody and wants to move must now file and serve a written notice to the other parent and demonstrate, through detailed information, why the relocation should be granted. The non-custodial parent now has the right to file a written response within 30 days, as well as the right to an evidentiary hearing. The Notice of Intent to Relocate must be served on the other parent and all other persons who have court-ordered custody and/or visitation rights. The Notice must include the following information:

* A description of the neighborhood and the area.
* The address of the new intended residence.
* The phone number of the new intended residence.
* The date of the intended move or proposed relocation.
* The reasons for the relocation. If one of the reasons is based on a written job offer, the offer must be attached.
* A proposed visiting schedule and transportation arrangements.

It may be insufficient for a custodial parent to simply demonstrate that the desired placement would provide him and the children with a support system (eg, parents, other relatives, friends, etc.). Likewise, it may be insufficient just to show that he is in for a much better paying job in his desired location.

However, a combination of the above factors with any other factor (eg, providing a substitute visitation plan that includes the other parent’s contribution to transportation costs) would probably be legally sufficient. If the noncustodial parent has not been an active parent, relocation would be more likely. A difficult decision for a judge is to allow relocation when the employer of the custodial parent or custodial parent’s new spouse requires that person to transfer to a new location. In short, a combination of relocation factors must always be spelled out in the required Notice of Intent to Relocate.