The current law in Florida provides that a parent cannot relocate or change the location of their principal residence if that change of residence will be more than 50 miles from their current residence. If a spouse is considering a move that is more than 50 miles away, they must obtain either the written consent of the other spouse, or seek approval from the court. The relocation provisions of Florida law are found in Florida Statute 61.13001.
In the absence of a statutory or contractual provision to the contrary, the proper method to measure the distance between 2 points is the straight line or quote as the crow flies” measure. If the distance using the straight-line test measurement is less than 50 miles, a move can be made by one parent without consent from the other parent or approval from the court. This would be true even if the move is 49 miles away.
However, simply because a move is less than 50 miles away, does not mean that other aspects of a parenting plan would be effected. A move 49 miles away would most definitely effect the school boundaries, and therefore the school that the minor child would attend. Does this mean that the moving or relocating parent has a right to change schools without obtaining the other parent’s consent?