Legal Question in Family Law in Florida

moving children

I am primary parent and there is nothing in our paperwork that says I can't move. Can I? Also what age can the children say I want to live with this parent?


Asked on 6/03/09, 1:19 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: moving children

Though your paperwork may not forbid your move, Florida statute 61.13001 says you cannot move a child more than 50 miles from your current residence without written permission from the other parent or a court order. There is a very specific procedure in the statute for obtaining the permission or the court order.

A child can never choose on his or her own which parent he or she may want to live with, but some judges will rely on the child's opinion when the child reaches the later teens (around 16 or 17). Rarely will a judge listen to a child younger than 16.

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Answered on 6/03/09, 2:27 pm


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