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Parent Moves Less Than 50 Miles And Does Not Trigger the Relocation Statute Or Violate An Agreement But Needs Permission Of The Other Parent Or A Ruling Of The Court To Change The School The Child Attends

July 21, 2015 by  
Filed under Uncategorized



The Fifth District Court of Appeals just ruled in Dickson v. Dickson, that the lower court should have taken evidence and used the best interests of the child standard to determine if modification of the child’s school and time-sharing (custody/visitation) with the child was in the child’s best interests in light of the parents inability to agree which school the minor child would attend and if necessary changed the parties time-sharing as necessary in light of the new school schedule.

The Florida Relocation Statute applies to moves of 50 miles or more as the crow flies and did not come into play when a Mother moved 49 miles from her prior residence. There was no school designation or prohibition on changing residence in the parties marital settlement agreement.  However, the parents had shared parental responsibility on major decisions including educational matters so the parents should have discussed the matter and come to an agreement or presented the matter to the court for determination based on the best interests of the child prior to removing the child from a school and re-enrolling him in another school.  

If you are faced with a time-sharing, relocation, or move of residence situation you should consult with one of our lawyers/attorneys to make sure that you take the right steps.


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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.