Relocating And Fort Lauderdale Child Custody: How The 50-Mile Rule Applies
A new job, a relationship, or other life changes sometimes make a move necessary. However, if you share custody of a child in Fort Lauderdale, relocating is not as simple as packing boxes. Under the Florida Statutes, any parent wanting to move more than 50 miles away for at least 60 days must follow specific legal procedures.
Failing to comply with the 50-mile rule can result in penalties, including contempt of court. It applies whether you are the primary residential parent or share custody equally. Our Fort Lauderdale child custody attorney explains that even if the move is for legitimate reasons, you cannot relocate without the other parent’s written consent or a court order.
How Fort Lauderdale Courts Decide Relocation Cases
In Fort Lauderdale child custody proceedings, the primary consideration is protecting the child’s best interests. When there is a relocation request from one of the parents, Broward County Family Court judges consider a variety of different factors in deciding whether to approve or deny it:
- The child’s current relationship with each parent, siblings, and extended family.
- How the move will likely impact the child’s education, healthcare, and emotional well-being.
- The reason for the relocation and whether it will enhance the quality of life for both the parent and the child.
- The probability of being able to maintain a meaningful relationship with the non-relocating parent.
In practice, Broward County judges expect evidence that the relocation will not disrupt the child’s stability. Parents seeking approval must present a detailed plan, including a revised time-sharing schedule and arrangements for transportation.
How to Object to Child Relocations in Fort Lauderdale
Relocations are always a touchy subject in Fort Lauderdale child custody cases. If you are the relocating parent, be sure and follow formal court processes.
What if the other parent wants to relocate with your child? You have the right to file a formal objection within 20 days of receiving legal notice. In determining that a relocation is not in your child’s best interests, common reasons the court may consider:
- The move would disrupt the child’s schedule and emotional stability.
- It would impact their sense of security and connection to their current community and school.
- The relocation plan does not provide for sufficient visitation.
- The proposed reason for moving does not outweigh the disruption to the child’s life.
In this situation, request a formal hearing with the court, where both sides have the opportunity to present evidence. Working with an experienced Fort Lauderdale divorce/child custody attorney can help you prepare a strong case and meet strict court deadlines.
Talk to Our Experienced Fort Lauderdale Child Custody Attorney About Relocation
Considering a relocation or need help objecting to a proposed move by the other parent? Understanding Florida’s 50-mile relocation rule can help protect your rights and your child’s well-being.
The Law Office of Sandra Bonfiglio provides the trusted, local legal representation you need, ensuring compliance with Florida law and helping you present the strongest possible case. Contact our experienced Fort Lauderdale child custody attorney today to schedule a confidential consultation.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html
browardclerk.org/Divisions/Family
