The 50 Mile Relocation Rule in Florida Divorce

If you and your spouse have been divorced in Florida, you are subject to the 50-mile rule when it comes to relocating your children. Florida law regarding this matter states that you cannot relocate your children more than 50 miles away from his or her other parent without the parent’s or the court’s express consent. Section 61.13001 of the Florida Code makes it necessary for you to give written notice of your desire to relocate in such cases on the form called “Notice of Intent to Relocate with Child(ren).” The notice must be sent to your ex-spouse and also filed with the court.

After receiving the notice, you ex-spouse has the right to object, if he or she so desires. He or she has 30 days after receiving the notice to file a written objection with the court. Once such a written objection is received by the court, the case will need to be heard. Such a case may take several hearings of evidence and testimony before a judge will be able to make a determination. While the case is pending, you will not be able to relocate the children involved. Relocation cases are determined by judges on what is in the best interests of the child. The reasons for the relocation, the benefits or disadvantages of such a relocation, the distance involved in the relocation, and other factors may all have an influence on the court’s decision. There are no guarantees that the court will agree with the relocation; having a skilled and experienced family lawyer is recommended if you are seeking or fighting such a relocation plan.

Divorce Lawyer in Jacksonville, Florida

A relocation is just one issue that can arise after a divorce has been finalized. Issues of child custody, child support and alimony may also surface after a divorce agreement has been made. All of these may involve the necessity for post-divorce modifications through the courts in which legal representation from a reputable divorce attorney is needed.

Charles E. Willmott, P.A. is a Board Certified divorce attorney serving the Jacksonville area. A lawyer who has furthered his training to the point of Board Certification by the Florida Bar is someone who has met the highest level for competency and experience in the state in his practice area. Only 6 percent of all lawyers in the state have met this; they can be called experts in their field. Mr. Willmott also has close to 20 years of experience as a divorce and family lawyer and mediator. He is thoroughly versed in how divorce courts and judges operate in the local judicial system. If you are facing a divorce, post-divorce, or other family law issue, contact his firm to get superior legal representation.