Florida Family Law FAQs

How far can a parent move with joint custody?

December 18, 2023 in Child Custody and Time-Sharing, Child Relocation, Modification to Prior Orders

If both parents agree to the relocation and the new arrangements for timesharing, they can sign a written agreement to this effect. This agreement must be submitted to the court for approval and should detail the consent for relocation, the new visitation schedule, and how transportation costs will be handled.

When parents are timesharing in Florida, there are specific rules regarding relocation. A parent cannot move more than 50 miles from their current residence without either the agreement of the other parent or a court order. This rule applies when the move would last at least 60 consecutive days, not including temporary absences for purposes like vacations or medical care.

However, if the other parent does not consent to the move, the parent wishing to relocate must file a petition with the court seeking permission to move. This petition must include specific information, such as the new address, the reason for the move, a proposal for a revised custody and visitation schedule, and more.

The court will then consider various factors to determine whether the relocation would be in the best interests of the child. These factors include the nature of the relationship between the child and each parent, the impact of the move on the child’s physical, educational, and emotional development, the feasibility of preserving the relationship between the child and the non-relocating parent, and more.

It’s important to note that relocating without the court’s permission, when required, can result in legal consequences, including being held in contempt of court or even losing custody. The laws are designed to ensure that the child’s best interests are protected, especially in terms of maintaining a relationship with both parents.

Navigating the complexities of relocation with joint custody can be challenging. If you’re considering moving or have concerns about your joint custody arrangement, we are here to help. Contact Shemtov Hillstrom at (954) 329-2222 to schedule a consultation with our experienced trial attorneys. Our team is well-versed in Florida’s custody laws and dedicated to ensuring your actions align with legal requirements while prioritizing your child’s best interests. Let us guide you through this process with professional advice and support.

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