Life is unpredictable and sometimes the need to relocate arises. But how does this work when you share custody of your child with another person who would not move with you? All parents must consider the impact of a move on their children, but there are additional issues to consider when one parent needs to move and the other must remain. There are legal obligations and consequences that parents must consider when they share custody, especially when it involves relocating across state lines. Here’s what you need to know.

Florida Law on Relocation with a Child

In Florida, when parents share custody or have a time-sharing agreement, one parent cannot simply leave the state with the child without legal approval. Florida law defines “relocation” as moving more than 50 miles from your current residence, not including temporary travel for vacation, education, or medical reasons.

If you plan to relocate out of state with your child, and you share custody with the other parent, you are required to follow specific legal procedures. These steps are in place to protect the child’s best interests and ensure both parents remain involved in the child’s life.

Relocation Process

Mutual agreement: The easiest way to relocate with your child is by obtaining written consent from the other parent. Both parents must agree to the move, and the agreement should outline any modifications to the existing time-sharing arrangement, including how the non-relocating parent will continue to spend time with the child.

Once the agreement is reached, your attorney must file it with the court. As long as the court finds that the agreement is in the best interest of the child, the relocation can proceed without any issues.

Petition to Relocate: If the other parent does not consent to the move, your attorney will need to file a formal Petition to Relocate with the court. This petition must include the following:

• Location of the intended move
• Detailed explanation of the reason for relocation, such as a job opportunity or the need to be closer to family.
• A proposed revised time-sharing plan that accommodates the relocation and allows the other parent to maintain a meaningful relationship with the child.

Once the petition is filed, the other parent has 20 days to object. If they object, the court will hold a hearing to determine whether the relocation is in the child’s best interest.

Legal Consequences of Moving Without Permission

Moving out of state with your child without following the proper legal process can have serious consequences. The other parent may file a motion to have the child returned. You could face penalties for violating the custody agreement. In some cases, the court may even modify custody arrangements in favor of the non-relocating parent.

The court considers violating a court-ordered time-sharing agreement a serious offense. It can impact your custody rights long-term.

Speak to an Attorney Before Moving

If you intend to move out of state with your child and you share custody, it is critical to consult with an experienced family law attorney. Your attorney can help you navigate the legal process, file your petition correctly with the court, and represent your interests in court if necessary. A skilled attorney will also advise you on the best course of action to protect your custody rights and your relationship with your child.

For more information or to discuss a potential relocation or any other child custody issue, contact the Geller Law Firm.