People often hear about Florida’s relocation law and assume there is an automatic rule that a parent cannot move more than 50 miles with a child unless they already have a court order, even if no divorce or custody case has been filed yet. That is not what the statute says.
Under Florida Statute 61.13001, the relocation process (including notice requirements and the ability to object) is tied to a situation where a court has jurisdiction because a case is already pending. The statute’s definitions section makes clear that the relocation statute is triggered once an action affecting parental responsibility or time-sharing is pending. If no case is pending, then the relocation statute has not been triggered, and there is no statutory legal prohibition against moving 50 miles, 500 miles, or even out of state or out of the country.
That said, no relocation statute does not mean no consequences. Florida courts still have tools to protect their jurisdiction over children, including under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). So long as Florida remains the child’s home state, a court can exercise its inherent authority to address an improper removal and may grant a motion requiring the parent to return the child to Florida so the jurisdictional and custody issues can be handled here.
Bottom line: the “50-mile rule” in the relocation statute applies in the context of a pending family law case. If you are considering a move before anything is filed, you should get legal advice quickly, because even if the statute is not yet in play, the other parent may file in Florida and seek emergency relief to maintain Florida’s home-state jurisdiction and to have the child returned.
