As is often the case after a divorce, one parent may wish to relocate with the couple’s minor children. Court permission must be granted if the parent is moving at least 50 miles from the principal residence of that parent at the last order of the court on timesharing. All relocation over 50 miles requires strict compliance with Florida Statute 61.13001. If the relocation is outside the state, then a plethora of other considerations must be addressed.
As equal timesharing between parents becomes more common, relocation close to the statutory limitation of 50 miles can create a hotly contested issue. A related subissue becomes how does the court measure the distance? Should distance be measured in a straight line, otherwise known as radius miles or as the crow flies, or should distance be measured in the number of miles it takes to drive from point A to point B, otherwise known as driving miles? This issue has created a variety of arguments and different results depending on the decision of the court.
In a recent case, the Florida’s Fifth District Court of Appeals addressed and resolved this issue. In Tucker v. Liebknecht, 2012 WL 1555061 (Fla. 5th DCA 2012). a mother attempted to move with her minor child after she signed a mediated paternity agreement stating that she would not relocate the child more than 50 miles from her current home without the father’s consent. The father filed an emergency motion to prevent the mother from moving, which the Circuit Court for Seminole County granted. This trial court ruled that distance should be measured in driving miles, rather than in radius miles, when determining distance for relocation purposes.
The mother appealed the court’s decision because she believed the paternity agreement allowed her to relocate the child anywhere within 50 radius miles of her current residence without the father’s or court’s consent. She argued that the trial court erroneously used the driving distance standard, instead of the straight-line standard, to determine her proposed new home was more than the permitted 50-mile distance from her existing home.
The Fifth District Court of Appeals ruled in favor of the mother. The court concluded that the simplest and most objective method to measure the distance between two points is the straight-line, or as the crow flies, measure. The court stated that the straight-line measure is a uniform standard that offers more certainty than a measure based on road miles, which may change and generate needless debate as new and different routes are constructed. The court clearly stated that absent statutory change Florida’s general rule is to use the straight-line measure in determining distance in cases of relocation.Because all situations are unique, it is wise and prudent to seek legal counsel when contemplating agreements that could impact your future, particularly in family law matters relating to relocation issues.
Insight
Driving and Divorce: How to Measure Distance When Relocating
Relocating with children after a divorce can become a difficult issue, because of the regulations one must follow. An important thing to consider in this situation is the legal distance one can relocate, and how that distance is measured.
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