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How Judge Procedures Can Make or Break a Relocation Case in Florida

Posted by LEISA WINTZ | Jun 11, 2025 | 0 Comments

How Judge Procedures Can Make or Break a Relocation Case in Florida

When you're seeking to relocate with your child in Florida, there's a clear statutory process to follow. But what many people—and even some lawyers—don't realize is that following the law isn't always enough.

✅ What the Florida Law Says

Under Florida Statute 61.13001, if you want to relocate more than 50 miles away with your child, you must:

  • File a Petition for Relocation, and
  • If time is of the essence, also file a Motion for Temporary Relocation so that a judge can consider your request before the full trial.

Critically, the statute gives you the right to have your motion heard within 30 days of filing.

Sounds simple, right? Not quite.

🚫 Why Following the Statute Isn't Always Enough

Each judge in Florida has their own division procedures, which spell out how they manage scheduling, motion practice, and hearings. And those procedures matter.

For example, in one of our current relocation cases, the judge's written procedures say that they will only honor the statutory preference for a hearing within 30 days if:

  • You make the request within 3 days of filing the motion
  • You follow the specific method for requesting it (usually via email or online submission)

That's not in the statute. But it's real—and enforceable.

🧠 Why This Matters

Imagine this:

You file your petition and motion, serve the other side, and wait to schedule the hearing like you would in most other divisions. You miss that 3-day window. Suddenly, the judge won't expedite your hearing, and your relocation case drags on for months or even a year.

It's not just about what the law says.

It's about how your judge applies it.

⚖️ What You Should Do Instead

  1. Always read the judge's procedures before filing.
    They're usually available on the court's website under the judge's name.
  2. Make your request quickly.
    If the judge has a short deadline (like 3 days), get your request in fast.
  3. Follow their instructions exactly.
    Some judges want an email. Others want a formal motion. Don't guess.
  4. Work with an attorney who knows the courtroom landscape.
    Legal knowledge + local experience = the best shot at success.

📞 Need Help Navigating a Florida Relocation Case?

At Family Matters Law Group, P.A., we don't just know the laws—we know the judges, the procedures, and how to move your case forward strategically.

👉 Schedule a consultation today

Let's make sure your relocation request is done right—from the start.

🟣 Bottom Line:

In Florida family court, knowing the statute is only half the battle.

The other half? Knowing the judge.

#FloridaRelocation #FamilyLawTips #ParentingPlanChanges #TemporaryRelocation #StatutoryRights #KnowYourJudge #DivorceStrategy #FloridaFamilyLaw #FamilyMattersLawGroup

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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