Florida Family Law
How Judge Procedures Can Make or Break a Relocation Case in Florida
Florida law gives you the right to a hearing on temporary relocation within 30 days—but only if you follow the judge’s division-specific procedures. Learn why statutes aren’t 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.
🚫 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)
🧠 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
- Always read the judge’s procedures before filing.
They’re usually available on the court’s website under the judge’s name. - Make your request quickly.
If the judge has a short deadline (like 3 days), get your request in fast. - Follow their instructions exactly.
Some judges want an email. Others want a formal motion. Don’t guess. - Work with an attorney who knows the courtroom landscape.
Legal knowledge + local experience = the best shot at success.
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