Time-sharing or shared custody is a common solution in scenarios where parents divorce or separate from one another. Time-sharing arrangements give both parents access to their children on a regular basis and an opportunity to see them on important days like holidays.
Regular communication and custody exchanges are typically necessary in a time-sharing scenario. Family circumstances continue to shift after the end of the parental relationship. Occasionally, one parent may propose a move that could make it much harder for the other parent to regularly see the children.
Does the law in Florida prevent one parent from moving away if doing so could negatively impact time-sharing arrangements and the rights of the other parent?
Relocations may require permission
Some parents integrate unique terms into their parenting plans that may allow for relocations in certain scenarios. Otherwise, Florida state statutes determine what limitations apply when parents want to move.
Typically, local relocations are unlikely to require approval or have much significant impact on parenting arrangements. Longer-distance relocations, on the other hand, can quickly cause co-parenting complications. According to Florida’s statutes, any move that either takes the children out of the state or more than 50 miles away from their current residence requires pre-approval if it lasts for 60 days or longer.
Spending a month with family members out of state during summer vacation doesn’t necessarily require pre-approval as long as it doesn’t result in major issues for time-sharing arrangements. However, long-term or permanent relocations that are a substantial distance away require the consent of the other parent or possibly the approval of the courts.
The parent hoping to relocate with the children has to provide written notice to the family courts and their co-parent. If the co-parent agrees with the move, they may need to negotiate ways to adjust the current time-sharing arrangements to make continued shared custody feasible.
If the other parent opposes the relocation, then a family law judge must review the case. A judge can potentially approve a relocation request if they agree that the change in environment may be beneficial for the children. They can also modify the current time-sharing order to grant the non-moving parent more time with the children instead of allowing them to relocate.
Learning more about how the Florida family courts handle complex child custody matters can help the adults in a family assert themselves during disputes. Parents trying to request or contest a relocation might need help planning to improve their chances of success.