Posted by Nydia Streets of Streets Law in Florida Child Custody

If a Florida parenting plan is silent as to the ability of either parent to relocate, can a parent relocate without following Florida law? This was an issue in the case Blatt v. Blatt, 3D23-2228 (Fla. 3d DCA June 12, 2023).

In their divorce case, the parties entered a settlement agreement which did not include any provisions regarding relocation, and which set out parameters for the children to be emancipated. The parties agreed some of their six children may need support beyond the age of 18 and set specific requirements for emancipation of the children. Years after finalization of their divorce, the former wife moved to Baltimore with the parties’ two minor children without the former husband’s consent. The court entered a pick-up order requiring the children to be returned to Florida. The court also entered an order emancipating the parties’ two adult children. The former wife appealed.

As to the relocation issue, the appellate court found no error in the trial court’s decision to enter a pick-up order. It held that since there was no agreement otherwise, the statute on relocation controls, which states a parent cannot relocate more than 50 miles from his or her current residence without a court order or the consent of the other parent. The appellate court did find error, however, in the trial court’s decision to emancipate two of the children where this relief was not requested by the former husband in his pleadings. The court thus reasoned that it was a violation of the former wife’s due process rights to grant this relief.

Schedule your meeting with a Miami family law attorney to understand how the law may apply to your case.