Florida sets out the requirements for relocation within Florida Statute § 61.13001. This statute applies to you if your intended relocation destination is 50 miles, or more, away from the last residence that you used in establishing your timesharing, or at the time of the filing of such a petition. Moreover, this statute also applies to you if you intend to stay at the new location for 60 days or more. Therefore, if you intend to move 50 or more miles away, then you are subject to the statute and must do one of the following to properly relocate: (1) Relocation by Agreement or (2) Relocation by Petition.
First, you may relocate if you and your former partner, and/or any other person entitled to access to the child, can agree in writing to the relocation. This writing must follow specific parameters and it is best to consult a legal professional in the preparation of such a document to ensure that it sufficiently outlines the statute.
If you and the other party cannot agree on such a relocation, then you may petition the court to allow you to relocate. If you petition the court, there is no guarantee that you will succeed, as the burden will be on you to prove to the court that the move is in the best interest of the child. With the exception of emergency circumstances, simply removing your child, without the consent of the other parent, may not only cause distress on your family, but it may subject you to a violation of the statute as well.
During such difficult transitions, try to remember that these changes are not only tough on you, but they are hard on the child too. If you are encountering this type of situation, it is highly recommended that you consult a legal professional to help you make this transition and minimize the stress and uncertainty on both yourself and your child. The first step will be to examine F.S. 61.13001 to determine whether it even applies at all in your factual scenario.