Mom or Dad Relocation and Custody

When a parent in Florida needs to relocate, whether for a job, family, or personal reasons, the move can have a significant impact on existing child custody arrangements. Florida law recognizes that maintaining a stable environment for children is important, and as a result, moving, especially a long-distance move, can require adjustments to the current parenting plan.

If you’re a parent considering a move, or if your co-parent is relocating, it’s essential to understand how these changes might affect custody agreements and parenting time. Talk to a West Palm Beach family attorney about relocations and custody modifications.

In-State Moves vs. Out-of-State Moves

A parenting plan outlines how time-sharing and responsibilities are divided between parents, but if one parent moves, the existing plan may no longer be practical or fair. For example, if the child’s primary residence is moving far from the other parent, regular visitation schedules will likely need to be adjusted.

Under Florida law, a relocation is defined as moving 50 miles or more from the current residence for at least 60 consecutive days. When a parent wants to move this distance, they must either obtain written consent from the other parent or seek court approval.

Moving within Florida but beyond the 50-mile threshold is still considered significant under Florida law. Even an in-state move can disrupt the balance of shared custody, particularly when the move would make regular transportation or visitation difficult. The court will examine how the move impacts the child’s best interests, such as whether the move will improve the child’s quality of life, education, or living conditions.

Things can become even more complex when a parent wants to move out of Florida. Out-of-state moves make regular visitation or shared custody arrangements nearly impossible. Courts tend to be stricter with these types of relocations, as they can severely limit a child’s relationship with the non-relocating parent. In these cases, courts will consider factors such as:

• The distance of the move and its impact on time-sharing
• Whether the move is in the best interest of the child
• The reasons for the relocation, such as employment opportunities or family support

After a move, potential adjustments could involve a parent receiving longer visitation during holidays, summer breaks, or school vacations to compensate for less frequent visitation during the school year or virtual visitation (through video calls or other electronic means) should  regular in-person visitation be impractical.

Work with a Lawyer When a Move Is Planned

Whether you’re the parent seeking to move or the parent opposing the relocation, it’s essential to have a West Palm Beach family attorney on your side. An attorney can help you draft a modified parenting plan that addresses the logistical challenges of relocation. Legal professionals can also negotiate with the other parent or their lawyer to reach an agreement on new custody arrangements.

Could you use advice as a parent who shares custody and is interested in relocating? Share your custody concerns with the family lawyers at Bruce S. Rosenwater & Associates. Legal experts are available to protect your parental rights. Schedule a confidential consultation today.