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Relocation Issues
In this day and age, when family units break apart and realign regularly, when employment is more transient than permanent, when transportation is affordable and global communication is instantaneous, relocating to another city or state, or even another country, is more common than ever. While the reasons for moving seem countless, a primary residential parent's ability to relocate with the children may be severally limited by the laws in his or her state.
Because of the high mobility of its population, family law courts in the authors' home state of Florida face questions involving relocation on a regular basis. While these cases are numerous, they are hardly routine. Each such case pits the residential parent's desire to establish a new career, or to follow a new spouse, or to live near relatives, against the child's need to maintain a close relationship with the other parent.
To assist the courts with this difficult and highly contentious issue, in 2006, the Florida legislature redefined the standards by which a divorced parent may relocate with a minor child by amending Florida Statute ' 61.13 to create Florida Statute
' 61.13001. Section 61.13001 restricts the primary residential parent's ability to relocate more than 50 miles away from his/her current primary residence without either an agreement between the parties or leave of court. As we approach the one-year anniversary of the enactment of ' 61.13001, the ardent family law practitioner should recognize that the ratification of this statute, and other similar statutes nationally, provides a blue print for structuring Final Judgments and Marital Settlement Agreements so as to help avoid litigating the issue of relocation in a post-dissolution action, or failing that, to navigate relocation litigation successfully.
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