The decision to move out of state with a child is often one of the most litigated issues in Florida family law. While many parents are aware of the “50-mile rule,” a recent ruling by the Third District Court of Appeal in Dunn v. Flores (2025)has highlighted a significant and often misunderstood exception. The court ruled that Florida’s strict child relocation statute does not apply if the move happens before any divorce or paternity case is filed. For parents in the Tampa area, this “pre-suit” loophole creates a complex legal situation that requires the immediate intervention of a Tampa divorce lawyer to protect parental rights and the child’s stability.
In this case, a father moved his children to Tennessee just before the mother filed for divorce. While the trial court initially ordered the children’s emergency return, the appellate court put that order on hold. This ruling confirms that until a legal case is active, a parent may technically move with their children without seeking the court’s permission—though they still face a “best interests” review once the case begins.
The Facts of Dunn v. Flores
William Dunn (the Husband) and Veronica Flores (the Wife) were married with three children. Facing financial challenges, the Husband unilaterally moved the children from Florida to Tennessee, where his parents lived. He enrolled them in school and started a new business venture.
Only after the children were already in Tennessee did the Wife file for dissolution of marriage in Miami-Dade County. She immediately sought an “emergency pick-up order” to force the children back to Florida. A general magistrate and the trial court agreed with her, ordering the Husband to return the children expeditiously because he had relocated without her consent.
The Husband appealed, seeking a stay (a pause) of that return order. The Third District Court of Appeal granted the stay, ruling that the trial court had applied the wrong law.
Why the Relocation Statute Failed the Wife
Florida Statute § 61.13001, the child relocation statute, is very specific. It requires a parent to file a formal petition and get permission before moving a child more than 50 miles. However, the appellate court in Dunn v. Flores focused on the “plain language” of the law.
The statute defines “relocation” as a move from the residence:
- At the time of the last order establishing time-sharing; OR
- At the time of filing the pending action to establish time-sharing.
Because there was no previous court order and the Husband moved before the Wife filed for divorce, the relocation statute technically did not apply. As a Tampa divorce lawyer would explain, the Husband didn’t “violate” the relocation statute because, at the moment he crossed the state line, there was no “pending action” to stop him.
The “Best Interests” Requirement Still Stands
While the Husband won a temporary victory by stopping the emergency return, the appellate court did not give him a “free pass.” The court noted that even if the relocation statute doesn’t apply, the trial court still has the power to order the children back under its general authority to determine the best interests of the child.
The appellate court stayed the return order because the trial judge had simply relied on the “unauthorized relocation” instead of doing a deep dive into whether the move was good for the children. The court gave the trial judge 30 days to hold a new hearing to decide:
- Does the move benefit the children’s education and emotional well-being?
- Is there a good-faith reason for the move (like financial stability)?
- Can the other parent maintain a meaningful relationship from a distance?
For a Tampa divorce lawyer, this means that while you might “get away” with a move before filing, you must be prepared to prove your case in court almost immediately after the divorce papers are served.
Protecting Against “Jurisdictional Maneuvers”
The court in Dunn highlighted another important law: Section 61.13(2)(a). This statute allows a judge to order a child back to Florida if it appears the child was removed “for the primary purpose of removing the child from the court’s jurisdiction.”
If a Tampa divorce lawyer can prove that a parent moved the children specifically to “hide” them or to prevent a Florida judge from making a custody ruling, the court can still order an emergency return, even if the relocation statute doesn’t apply. In the Dunn case, the court needed more evidence to see if the Husband moved for “financial challenges” (a good-faith reason) or simply to gain a tactical advantage.
Lessons for Parents Considering a Move
The Dunn v. Flores ruling is a “double-edged sword” for parents in 2025. It shows that the timing of your move relative to your divorce filing is critical.
If you are the parent who wants to move:
- Move Before Filing? While technically possible under this ruling, it is high-risk. Once a case is filed, you will be under a microscope, and a judge may view your “unilateral” move as a sign that you are not a co-parenting-friendly person.
- Document Your Reasons: Have your Tampa divorce lawyer help you gather evidence of job offers, family support, or better school districts in the new location to win the “best interests” argument later.
If you are the parent “left behind”:
- File Immediately: The moment you suspect your spouse is planning a move, file your petition for dissolution or paternity. Once the case is filed, the relocation statute’s 50-mile rule kicks in instantly, and any move without your consent becomes a violation of law.
- Seek an Injunction: Your Tampa divorce lawyer can ask for a “Temporary Injunction to Prevent Removal of Minor Children” the same day you file, which prevents the other parent from taking the kids out of the county or state.
The Role of a Tampa Divorce Lawyer in Emergency Returns
When children are moved out of state, every day counts. The appellate court in Dunn noted the “urgent nature” of the matter, even while staying the return order.
A Tampa divorce lawyer acts quickly to:
- Determine Jurisdiction: We ensure the case stays in Florida under the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act), which generally favors the “home state” where the children have lived for the last six months.
- Request a Best Interests Hearing: If the relocation statute is found to be inapplicable, we immediately pivot to a full evidentiary hearing on the children’s well-being.
- Prevent Status Quo Bias: The longer a child stays in a new state (enrolled in school, making friends), the harder it is to convince a judge to move them back. We push for expedited hearings to prevent the new location from becoming the “new normal.”
Why “Consent” is Still the Gold Standard
Even though the Husband in the Dunn case won his stay, he is now in a 30-day legal battle that will be incredibly expensive and stressful. As any Tampa divorce lawyer will tell you, the best way to move is with written consent.
If you can reach an agreement before you move, you avoid the risk of an emergency pick-up order altogether. However, if your spouse refuses, you must follow the correct legal path to ensure your move is permanent and not just a temporary “abeyance.”
Frequently Asked Questions
Does the 50-mile rule apply if we aren’t divorced yet? According to the Dunn v. Flores ruling, the 50-mile rule in the relocation statute only applies if there is already a court case filed or an existing order. If no case has been filed, the statute technically doesn’t apply—but you still have to prove the move is in the child’s best interest if the other parent sues later.
Can my ex-spouse move my kids out of state without my permission? If there is no pending court case, they can physically move. However, you can immediately file for divorce or paternity in Florida and ask a judge to order the children’s return based on their “best interests” and the fact that Florida is their home state.
What is an emergency pick-up order? It is a court order that directs law enforcement to take physical custody of a child and return them to a specific person or location. These are typically issued when a child has been “wrongfully removed” or is in danger.
How long do my kids have to live in Florida for it to be their “home state”? Under the UCCJEA, a child must typically live in Florida for six consecutive months for Florida to have the power to make initial custody decisions.
Why did the appellate court stop the kids from coming back to Florida? They stayed the order because the trial judge hadn’t actually held a hearing to see if the move was in the kids’ best interest. The judge had just assumed the move was illegal under the relocation statute, which the appellate court found did not apply to a pre-divorce move.
What is the difference between “relocation” and “removal”? “Relocation” is the term used in the specific Florida statute (Section 61.13001). “Removal” is a broader term used when a parent takes a child out of the jurisdiction to avoid a court’s authority.
How does a Tampa divorce lawyer help in these cases? They help file the necessary petitions to lock in Florida’s jurisdiction, seek emergency orders for the child’s return, and present the evidence needed to win a “best interests” hearing.
Conclusion
The Dunn v. Flores decision is a reminder that the “spirit” of the law and the “letter” of the law sometimes clash. While the relocation statute is designed to prevent unilateral moves, its technical wording leaves a gap for parents who move before the legal process begins. This gap makes it imperative to have a Tampa divorce lawyer on your side the moment a separation seems likely. Whether you are seeking a new start in another state or fighting to keep your children in Florida, understanding these jurisdictional nuances is the only way to protect your family’s future.
Navigating divorce requires thoughtful planning and reliable legal support. At McKinney Law Group, Tampa clients receive clear direction and practical advocacy designed to protect their rights and long-term interests.
Reach us at 813-428-3400.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.