Upon filing for divorce in Orange or Osceola County, Florida, you and your spouse will immediately be subject to a standing temporary Administrative Order No. 2004-05-03, which precludes you from changing the residence of your children from the school zone in which the marital home is currently located without written agreement of both parties or an order of the court. Section 61.13001, F.S., governs relocation with a child, whether before, during or after divorce. The statute defines relocation as a move of at least fifty (50) miles from the marital residence, and for at least sixty (60) consecutive days (not including a temporary absence for purposes of vacation, education, or for the health care for the child). Under the statute, if no order as to residency of the child has previously been entered, the parties may enter into a written agreement permitting relocation so long as the agreement satisfies the statutory mandates. If a divorce has been filed or an order has previously been entered as to time-sharing, the relocation order must be ratified by the court. In the absence of an agreement between the parties, the parent wishing to relocate must notify the other parent of the proposed relocation as required by the statute. The other parent may object, but must do so prior to the deadline set forth in the statute. If an objection is filed, the party wishing to relocate must obtain court permission prior to relocating. Attempting to relocate without complying with the statutory notice and other requirements can subject the offending party to contempt, an order for return of the child, and other consequences. If permanent relocation is permitted, upon a finding of best interests of the child, the court will enter a new order governing time-sharing, including additional access, visitation, telephone, internet, webcam, the allocation of travel costs, and other arrangements necessary to ensure frequent and meaningful contact with the non-relocating parent. If you are considering relocating prior to filing for divorce, keep in mind that you will have to meet the residency requirements (generally three to twelve months) of your new home state in order to be eligible to file. Every case is different, but if you are going to move more than an hour’s drive away, you will probably need either your spouse’s consent or the judge’s permission. For more information about relocating with your child after divorce read our article Child Custody and Relocation: What to Consider.