Can you move the kids while your Florida divorce is pending? Reading the relocation law in Section
61.13001, it looks like the statute only applies when there is an
existing order in place. But, the law was passed to be sure that all
custody and relocation matters be determined based on the
best interests of the child. So can you move if there is no order?
The Third District Court of Appeal (Miami & the Keys), says no. You can read about the decision in this post. Other courts of appeal have not weighed in on this topic yet. The Florida Supreme Court is considering a change to the Family Law Rules of Procedure that makes F.S. 61.13001 applicable to all relocations - whether or not there is an order or final judgment.
It remains to be seen whether the proposed amendment will become effective. In the meantime, it seems the most practical solution, as illustrated by the proposed amendment and the Third District decision, is to consider all factors in section 61.13001 anytime the issue of a child’s relocation is raised.
Since there are serious consequences to moving the children without a court-approved written agreement or court order, the best practice is to follow the Florida law on child relocation - whether your Florida divorce is pending or not even filed yet.
When you enroll in the DIY Divorce in Florida classes with the Divorce Professor, you'll be up-to-date on all the legal changes as they occur. You can try our classes by enrolling in the Tele Test Drive class on Florida Divorce.
