Florida Statutes

Fla. Stat. § 744.1098 (2025)

Change of ward’s residence.

✓ 2025 Florida Statutes — current through the 2025 Regular Session Cite as: Fla. Stat. § 744.1098 (2025)

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744.1098 Change of ward’s residence.—

(1) PRIOR COURT APPROVAL REQUIRED.—A guardian who has power pursuant to this chapter to determine the residence of the ward may not, without court approval, change the residence of the ward from this state to another, or from one county of this state to another county of this state, unless such county is adjacent to the county of the ward’s current residence. Any guardian who wishes to remove the ward from the ward’s current county of residence to another county which is not adjacent to the ward’s current county of residence must obtain court approval prior to removal of the ward. In granting its approval, the court shall, at a minimum, consider the reason for such relocation and the longevity of such relocation.

(2) IMMEDIATE COURT NOTIFICATION REQUIRED.—Any guardian who wishes to remove the ward from the ward’s current county of residence to another county adjacent to the ward’s county of residence shall notify the court having jurisdiction of the guardianship within 15 days after relocation of the ward. Such notice shall state the compelling reasons for relocation of the ward and how long the guardian expects the ward to remain in such other county.

History.—s. 16, ch. 89-96; s. 8, ch. 90-271; s. 4, ch. 96-354; s. 7, ch. 2016-40.

Note.—Former s. 744.2025.

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Glenda Martinez Smith v. J. Alan Smith

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Glenda Martinez Smith v. J. Alan Smith (2017) fla · cites it 4× “) See also § 744.1098(1), Fla Stat. (2016) (requiring a guardian to “obtain court approval prior to removal of the ward” to a nonadjacent county (emphasis added)).”

— 744.1098(1) — 1 case

Glenda Martinez Smith v. J. Alan Smith (2017) fla “) See also § 744.1098(1), Fla Stat. (2016) (requiring a guardian to “obtain court approval prior to removal of the ward” to a nonadjacent county (emphasis added)).”

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