Your child’s other parent may want to relocate to initiate a fresh start, educate your child in a better school district, start a new job, be near friends and relatives, or just get away from you. In Florida, whether you can stop your ex from moving away with your child depends on Florida law, the specific facts of the case, and the best interests of your child.
Can My Ex Move Away with My Child?
In most cases, parents share both physical and legal custody. This means that a custodial parent does not have the right to move more than 50 miles away, without the permission of the child’s other parent – or, in the alternative, the permission of the court.
What is Florida’s 50 Mile Child Custody Rule?
Florida’s statute called the “50 Mile Rule” provides that a custodial parent cannot move more than 50 miles from his or her previous residence without written permission from the child’s other parent.
• This means that your ex has the right to move up to 50 miles from where he or she previously lived with your child without your permission.
• If your ex wants to move more than 50 miles away, he or she must notify you and ask for your written permission.
• If you don’t grant permission, the custodial parent can seek court permission for the move.
• Or, if your ex moves, you can seek court permission to disallow the move.
How Will the Court Decide Whether the Move is Acceptable or Not?
Each relocation case of over 50 miles is determined individually, so there are no hard and fast rules other than the well-known “best interests of the child” rule.
- The court will consider the best interests of the child as well as:
- Your relationship and involvement with your child.
- Your child’s age and state of development.
- How the move would benefit your child.
- Why you want to oppose the move.
- How any move would affect your relationship with your child.
- Career opportunities of both parents.
How Do I Stop My Ex From Relocating with Our Child?
If your child’s other parent wants to relocate more than 50 miles away, he or she must provide you with written notice. You have only 30 days to file a written objection to the proposed relocation.