In a place populated by displaced northerners and others escaping bad weather or starting over in the “Sunshine State,” a common issue in family law cases is one party’s desire to grab the children, leave Florida, and head “back home” when his marriage hits the skids.
Let me first talk to the parent who is lying awake at night in fear that his spouse or significant other is going to disappear out of town with the minor children. According to Florida Statute 61.13001, a parent cannot relocate, with a child, more than 50 miles from the residence, unless that parent has a court order or the written consent of the other parent.
While the Statute’s definition of “Relocate” does allow for brief periods of travel for certain purposes (i.e. vacation or health care for the child), it does not allow your spouse or significant other to pack up the kids and “move” to any location more than 50 miles from the residence. If you wake up to find that this has happened to you, the Statute allows the court to facilitate the quick return of the child, although you will want to counsel with an experienced family law attorney to ensure you and your child are protected.