Q: is it a Fl law, Does a custodial parent with a child have to stay within 45 miles of the other parent
A: If your parenting plan/Court Order is silent on the matter, you should refer to Section 61.13001 of the Florida Statutes, Parental Relocation with a child. Pursuant to this section, “Relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.
A: In other words, if the custodial parent seeks to move more than 50 miles away, he or she would have to seek court approval. Sub-section (3) goes on to state that "... e) Relocating the child without complying with the requirements of this subsection subjects the party in violation to contempt and other proceedings to compel the return of the child and may be taken into account by the court in [determining a change to custody]".
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