How does a parent know whether they have to file a petition to relocate if they want to move? The relocation statute, Fla. Stat. Ch. 61.13001, requires either an agreement to relocate or a Petition to Relocate be filed and heard prior to a parent moving with a child more than 50 miles from their residence at the time of the most recent order modifying or establishing a parenting plan. What has been up for debate is how the courts measure the 50 miles. Current case law, specifically, Tucker v. Liebknecht, 86 So. 3rd 1240 (5DCA FL 2012), establishes that the measurement should be how the crow flies, not the driving distance. What is even more interesting is that the statute and case law suggest that a parent could move to another state, as long as the move is within 50 miles, without having to have the other parent’s consent or a court order to do be able to do so.
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