Relocation: You Cannot 'Pick Up And Go' With Shared Parenting

Moving is a part of everyday life today, especially in Florida. Job opportunities, promotions, remarriage and divorce are all reasons why someone might decide to relocate. What happens if you have a child and share custody or parenting time with another parent? Parents in this situation may have to get permission from the court before they can relocate with a child.

At Cruz & Bano, P.A., we appreciate that moving has a huge impact on your life. If you are the parent making the request, you may need the income from the new job or support from your family back home. If the other parent made the request, we know that it will affect your parental rights. We can help you navigate either situation effectively, using creativity when necessary to find the best solution within the confines of the law.

Do you have questions about child relocation? Call our office in Orlando at 407-459-1293 for a free consultation. We represent clients across Central Florida. Hablamos español.

Moving 50 Miles Or More? Two Ways To Obtain Necessary Court Approval.

Under Florida family law, you can move to a new house or relocate within a 50-mile radius from the other parent. If you or the other parent wants to move further than 50 miles, you must obtain permission from the court. A parent who moves without approval can be held in contempt of court and face potential criminal charges.

You can obtain court approval in two ways:

  • Voluntary agreement: Two parents can agree to a relocation. The agreement must be in writing and signed by both parties. It must also define the new time-sharing schedule and address how the parents will handle any potential transportation costs required to comply with the new parenting plan.
  • Court order: When one parent disagrees with the proposed relocation, the other parent can seek permission from the court. The court will consider the reasons for the move, whether it is in the child's best interests and the effect it will have on the other parent's rights or relationship with the child.

Note that the court can grant a temporary restraining order that prohibits relocation for a period of time or grant other relief if a parent has already moved with a child.

Waiting To Talk To A Lawyer Could Affect Your Parental Rights

If the other parent has already moved with your child, you have only six months to file an objection to the move. If you wait too long, you could lose your right to relief. If you want to move or suspect that the other parent wants to move, you need to consult with an attorney immediately.

We make getting legal advice easy with free initial consultations and office locations throughout the Orlando area. Call 407-459-1293 to talk to our attorneys or send us an email. Hablamos español.