How Custodial Parent Can Move To a Different Location and What Other Parent Can Do

When a couple divorces, one of the main aspects of their division is the time-sharing arrangement (the parenting plan) for the child. But what happens when the parent with whom the child resides most of the time decides to move away to a different location with the child? What can the other parent do? When does the court have to intervene in such a matter? Read on to find.

According to the Florida law, if a parent with whom the child principally resides decides to move to a different location more than 50 miles away, for longer than 60 days, then he/she has to inform other parent about this.

What happens if the non-custodial parent agrees?

If the other parent agrees to the move, then both parents have to file an agreement with the court regarding the move. The agreement includes consent from the other parent, along with time-sharing modifications and the transportation arrangements related to the new time-sharing plan. The terms of the agreement could include longer visitation schedules, supposedly during summer and spring breaks.

What happens if the other parent disagrees?

If the other parent is in disagreement with the move, then the parent wishing to relocate has to move the court for the right to relocate, by filing a petition for the relocation. The petition has to include all the information regarding the move, inclusive of:

• Complete postal address of the new home, along with contact address
• Date of the move
• Complete detail regarding why he/she is moving (if the move is for a job then he/she has to provide a copy of the written job offer).
• The relocating parent has to put forward a proposed planwith the new time-sharing schedules and the transportation arrangements.

The other parent has to reply to the petition, detailing his/her reasons for objection. Failure to do so will lead to the court granting approvalto the move. In the event of reply by the other parent, the court proceeds further with a hearing, to decide on the move. The court will consider all the factors, including if the move would negatively impact the relationship of the child with the other parent, and so can disapprove the move.

What factors are considered by the court?

The first and foremost consideration for the court is to look at the child’s best interests, and therefore the judge hears from both the parties, evaluates all the factors and decides in favor of or against the move keeping the child’s interest in priority. Factors considered by the court:

• Reason for the relocation, which commonly includes educational and employment opportunities
• Relationship between the child and the other parent, along with other siblings and relatives
• Impact of the move on the child’s psychological and physical well-being
• The court may also take into consideration the child’s preference
• Reasons put forward by the other parent objecting to the move

If you find yourself in a legal battle with your ex-spouse in Cape Coral and want the result in favor of you and your child, then you must consult with a quality and experienced family law attorney in Cape Coral, in order to build a strong case for the hearing.

As the move impacts the child’s best interests, the judge studies comprehensively the points put forward by the Cape Coral lawyers, representing both parties, and proceeds in order to give a fair judgment, in the best interest of the child.