When a parent plans to move out of Florida, it can complicate existing child custody agreements. Florida law has clear rules to handle these situations in a way that prioritizes the child’s best interests.
If a parent wants to relocate more than 50 miles from their current home for over 60 days, they must get permission from the other parent or approval from the court. In some cases, the other parent will agree. In others, they may not. Here are some basic guidelines to help you manage this process effectively.
Scenario #1: Parental agreement
This process involves filing a petition with the court that outlines the reasons for the move, the new location, and a proposed revised custody or visitation schedule. When both parents agree to one parent’s relocation, they should discuss and agree on a realistic visitation schedule that accommodates the distance, considering factors like travel time and costs.
It is also beneficial to outline specifics such as who will handle transportation and how the parents will manage holidays, school breaks, and special occasions. Parents might also consider incorporating virtual visitation — using video calls and other digital communication tools — to help better maintain a strong relationship between the child and the non-relocating parent. It is important to formalize the arrangement by drafting a written agreement and submitting it to the court for approval. This helps to better ensure the new agreement is legally binding and provides a clear framework that can help prevent future conflicts.
Scenario #2: Parents are not in agreement
The non-relocating parent has the right to object to the move. If an objection is filed, the court will assess the situation based on factors such as the child’s relationship with both parents, the child’s age and needs, and the impact of the move on the child’s physical, educational, and emotional development. The court’s primary concern is to decide in favor of what best serves the child’s overall welfare.
Both parties should prepare to present their cases, possibly including how the move would impact the child’s relationship with the parents, educational opportunities, and emotional well-being.
It is important to move forward with this issue in a way that not only helps in advocating for your parental rights but also strives to achieve a resolution that supports the best interests of your children. Interstate child custody cases are complicated legal matters, and it is generally wise to seek the counsel of a Vero Beach child custody lawyer to help better ensure a resolution that meets your goals while also helping to provide the best future for your children.