When you file for divorce in Florida, it suddenly becomes much harder to move to a different location. Under the “50 mile rule,” you can’t move more than fifty miles away without a judge’s approval. You can argue your case in court, but that doesn’t mean that you’ll get permission.
What is the 50 mile rule?
The Relocation Statute (or “50 mile rule”) makes it illegal for one parent to move more than 50 miles away with their child. If you move further than that, it might become much harder for the other parent to spend time with their child. Most courts want divorced parents to spend an equal amount of time with their children.
However, you might be able to move if you meet certain conditions. You could move more than 50 miles away if the other parent gives you their consent. You could also hire a family law attorney to help you argue your case in court.
For a successful case, you might have to prove that the move is the best option for the child–not just for you. You might point out that you’re taking advantage of a high-paying job opportunity or moving to a safer neighborhood. You might also have to prove that your former spouse will still get time to spend with their child. If the judge decides that relocating is in the child’s best interests, they might give you the right to move more than 50 miles away.
What if you move less than 50 miles away?
You can move anywhere as long as it’s within 50 miles of your current house. However, you’ll need permission if you want to move even one mile further than that. An attorney might help you get permission from your former spouse or talk to a judge about relocating.