Sharing custody in Florida requires a commitment to a time-sharing schedule. The parents negotiate an arrangement for dividing parenting time or ask a judge to divide parental rights and responsibilities. After the family courts approve the parenting plan, the parents generally have to work together until their children become legal adults.
Occasionally, one parent proposes changes to the family circumstance that could affect the other’s relationship with the children. One parent might want to move out of Florida with the children to be closer to their family, start a new job or move in with a new romantic partner. In such scenarios, the other parent may feel anxious, as the move could affect their time with their children. Do parents have to worry about sudden relocations harming their bond with their children?
Move-away scenarios require a careful review
Some moves are minimal. They may involve a parent moving across town or into a neighboring community. In such situations, the move may not require pre-approval.
Similarly, temporary moves generally do not require pre-approval. If one parent wants to take the children to Seattle for two weeks during summer vacation, that temporary travel generally does not require pre-approval unless the parenting plan imposes limits on vacationing.
However, if the move is likely to keep the children away from their current residence for more than 60 days and if it takes 50 miles from their current residence or out of state, then the parent proposing the move has to obtain permission. Sometimes, co-parents can work out parenting plan adjustments to accommodate a move.
Other times, they may disagree about the need for the move or how to modify their parenting arrangements. In that situation, they may need to take the matter back to family court. A judge can hear from both parents to determine if the move is truly in the best interests of the children.
They can permit the move or make modifications to the custody order so that the children can stay near their current residence with the other parent. Judges frequently allow relocations unless there is compelling evidence to indicate the move might harm the children, possibly by damaging their bond with one of their parents.
Parents proposing relocations or trying to prevent them often need help building an effective legal strategy. Understanding when relocations require pre-approval is the first step toward achieving success in a potentially emotional family law matter.