The relocation applies to those parents with custody rights or to individuals with rights of access to children after an order has been entered establishing a timesharing plan or a case has been opened. However, even if you don’t have majority “custody” or what we refer to as timesharing, a parent seeking to move more than 50 miles from their residence must file a petition for relocation pursuant to the statute. That does not make a lot of sense to many people if they are a parent who does not want to move with their child for the majority of time. Be that as it may, that is what the law in Florida requires a parent to do if they are moving more than 50 miles from their current residence: file a petition for relocation even if it is just them moving. This scenario is not common but does happen.
The common scenario is where a parent wants to move with their child. In that case the parents can agree but the agreement must be in writing and the requirements of Section 61.13001 must be met. If the parents cannot agree, then the parent seeking to move with their child will need to file a Petition for Relocation.
A new “timesharing plan” must be attached to the Petition for Relocation and the parent seeking to move with the child will need to outline why they want to move. There is a list of factors in the Relocation Statute the court must consider as well as the best interest factors in Section 61.13.