Will moving my child out-of-state violate my custody order?

After a custody order has been approved by the court, will moving out-of-state violate that order? The answer to this relies on several factors including which type of custody agreement you hold and whether the other parent approves of the relocation. As such, the best way to provide an answer is to talk about some of the issues surrounding child custody and relocation in the state of Florida.

According to Florida law, relocating a child means moving a distance of more than 50 miles. Even if you plan to remain in Florida, you will still be relocating if you exceed the 50-mile rule. If this is the case, you will have to complete several tasks in order to remain in compliance with your custody agreement. Below you will find some of these steps.

-- File a petition to relocate your child and serve notice to your co-parent-- Provide the physical and mailing address of the proposed new residence-- Provide a phone number of the residence, if possible-- Provide a comprehensive reason for the relocation in writing-- Provide a proposal of the new custody/visitation schedule the move might cause-- Provide the date you intend to move

If your co-parent approves of the relocation, some of the above steps may not apply. However, it is crucial to make certain you have complied with all of the steps Florida law requires. The list contained here may not address all of the legal requirements pertaining to your unique situation.

To protect your rights and those of your child, you might benefit from consulting with a Florida attorney before you take any permanent steps towards relocation. A lawyer can work with your family to ensure all requirements have been met, resulting in a smooth transition from one residence to another.

Source: Womenslaw.org, "Custody," accessed June 10, 2015

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  • The Law Office of Daniel E. Forrest represents individuals in Fort Lauderdale in high-asset divorce matters. Daniel Forrest is board-certified family lawyer and mediator serving the South Florida area.
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