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Relocation of minor children

Under Florida law, minor children are not permitted to move more than 50 miles away from their current residence, unless written consent is provided by a parent, or by court order.

An interesting situation arises when a minor child wishes to attend a private school in a out-of-state location. The obvious question becomes whether or not the attendance at this new school would be considered a relocation, thereby requiring the parent to comply with Florida Statute 61.13001.

The answer to that question was recently addressed in the case of Blakely v Blakely, 38 Florida Law Weekly D2170c. In that case the court deemed the attendance of the child at an out-of-state high school to be an educational decision for the child and not one of relocation, therefore the relocation statute in Florida was not applicable.

This analysis of the law was also set forth in the case of Young v Hector, 833 So2d 793, 794 (Fla. 3d DCA 2002).