The Infamous 50-Mile Rule

Have you heard of it?  Have your friends talked about it? Is there anyone you know who simply may not move farther than 50 miles from their current residence?

The Florida Legislature calls it the Relocation Statute.

Judges call it 61.13001, Florida Statutes. 

Family law attorneys call it the 50-mile rule.

It means a parent with majority child custody may not move more than 50 miles from his or her present residence if there is a Florida court order in place regarding the children. The only way is by getting a court order allowing the move or by getting the other parent's consent in writing.

Let’s play this out in two different scenarios:

First: You are the mother of a minor child and you are going to divorce your husband. You want to move from Florida to another state such as Alaska or Georgia.

Because there is no previous court order in place, you are free to move,  and the 50-mile rule does not apply. However, Florida has jurisdiction over your children for up to six months after you move. This is governed under the Uniform Child Custody Jurisdiction Enforcement Act and is the subject of an upcoming article.

Second: You are already divorced (or you have a paternity order in place) and you have primary time-sharing (we used to call it primary custody), and you want to move to Alaska or Georgia. Not so fast, under this scenario. 

Under Florida law, you have to get permission from the court or written permission from your spouse.

Now, if you move 49 miles? No problem; that move will not fall under the factors under section 61.13001. But 51 miles? You could be in for a fight. 

Among other factors, you will have to prove that:

1. Your relocation is in the best interest of the child.
2. The community you are moving to is a better or equal community than you are leaving.
3. The educational system is equal to or better than where you were.
4. The other parent will still have quality time with the minor child.
5. Your relocation presents a better financial situation for you.

Please note that these are the factors that I have found most important in the courtroom in most cases, but the statute lists many more. 

I will not go through the exact burdens of proof and factors that you must prove to move, but I suggest that you will likely need at least six months in preparation and perhaps a full year to move depending on the court’s docket. 

In short, if you or someone you know wants to move more than 50 miles, call a lawyer to understand what you need to do in advance. Here is a listing of lawyers in Dunedin.