Relocating your child without permission could lead to serious charges.
If you you wish to move with your children, there are several things you must know. If you have a parenting plan or custody order, then relocation of a child is governed by Florida Statute. You are not free to move anywhere you would like. Some parents put a specific restriction on where each parent can move in their parenting plan. However, if there is no such provision, then the Florida Statute would apply. The statute is very clear that you cannot move more than 50 miles from the other parent without written consent from the other parent or a court order granting you the ability to move with the minor child.
The 50 mile requirement is measured by a straight line or “as the crow flies”. The easiest way to find out if you are within the 50 mile restriction is to google “as the crow flies” and input each address. If you are within 50 miles, then you are ok to move. If it is over 50 miles, then you must seek permission from the other parent or the court.
If you relocate more than 50 miles without permission, you may face severe sanctions. The court could find you in contempt of court and order the minor child brought back immediately. You could face compensatory fines and even possible jail time. The Court could also modify your time sharing and give you supervised time sharing. These are severe sanctions that can be avoided by following the proper procedure prior to moving.
If you wish to relocate your child or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].