In the context of divorced or separated parents, relocating with children can present significant legal challenges. In Florida, there is a rule about moving more than 50 miles away. But sometimes, even shorter moves can cause problems. Let’s look at when this happens.
Understanding the 50-mile rule
Florida law says if you wish to relocate more than 50 miles away with your children, you need to obtain agreement from the other parent or court permission. This regulation aims to keep both parents involved in their children’s lives.
Exceptions to the 50-mile rule
In certain situations, moves of less than 50 miles may still be deemed relocation:
- Educational changes: If moving means your child must switch schools, it might count as relocation, regardless of the distance.
- Time with the other parent: Relocations that significantly impede the non-moving parent’s ability to exercise their parenting time may be subject to relocation laws.
- Activities and friends: If moving takes the child away from their usual activities or friends, a court might see it as relocation.
- Special needs: For children with special needs, even minor geographical changes can have substantial impacts, which courts carefully evaluate.
In these scenarios, the impact on the child’s life matters more than the actual distance moved.
What parents should do
If you are planning to move, even if it is less than 50 miles, there are important steps to take. First, talk to the other parent about your plans. This open communication can help avoid misunderstandings. Thoroughly assess the potential impact on your child, including their school, activities and relationships. It is also wise to consider consulting with a family law attorney who can guide you through the legal aspects of your situation. If you and the other parent cannot agree on the move, you may need to ask the court for help in making a decision that is in the best interest of your child.
Remember, the most important thing is what is best for your child. Sometimes, that means looking beyond mere geographical distance.
