Relocating Away From a Co-Parent With Shared Custody

There are few issues more likely to cause conflict in family court than the prospect of relocating with a minor child in tow. This is especially problematic when both parents live in the same area and share custody rights over their children.

The reality is that relocating away from a co-parent with shared custody is only possible with court approval. There are limited situations where a judge will allow a parent to upend a child’s life and drastically alter the custody agreement in this way. Let our skilled family law attorneys answer your questions about relocation.

What Qualifies as Relocation in Florida?

In Florida, not every move qualifies as legal “relocation” under family law. This is important given that court approval is only necessary when it comes to formal relocation as opposed to simply moving to a different part of town.

For custody and time-sharing purposes, relocation is specifically defined as a move of 50 miles or more from the child’s current residence. There is also a time component to consider, as the move must last for 60 consecutive days or longer to qualify. This applies regardless of whether the move is for work, education, family reasons, or a fresh start. Temporary absences do not count as relocation.

The 50-mile distance is measured in a straight line, not based on driving distance. If a parent shares custody or time-sharing under a court-approved parenting plan, they must follow Florida’s relocation laws before moving. Our child relocation attorneys can answer your questions on how to go about relocating away from a co-parent.

The Process of Filing a Petition

If a co-parent does not agree to a proposed move, the relocating parent must file a petition to relocate with the Florida family court. This legal document must include the intended new address, the date of the proposed move, the reason for relocation, and a revised time-sharing plan that accommodates the distance. Once filed, the other parent has 20 days to object. If they do, the court will schedule a hearing to evaluate whether the move serves the child’s best interests. Without court approval or the other parent’s consent, the relocating parent may not legally move with the child.

Factors The Courts Will Consider in Relocation Cases

When deciding whether to allow a parent to relocate with a child, Florida courts apply the “best interests of the child” standard. This is the same framework used when determining custody rights during a divorce case.

Judges weigh several factors to determine whether the move will benefit the child or not. They must also weigh how the move might impact the relationship with the non-moving parent. Key factors the court considers include:

• The child’s relationship with both parents, siblings, and others involved in their life
• The child’s age, developmental stage, and emotional needs
• The feasibility of maintaining the relationship with the non-relocating parent
• The reasons for the move
• The child’s preference
• Whether the move is made in good faith
• Any history of domestic violence

The court’s primary concern is always the child’s overall well-being when deciding if relocating away from a co-parent is what is best.

Learn More About Relocating a Child Away From a Co-Parent

If you are considering relocating or are faced with the prospect of your co-parent moving away with your child, it is critical to speak to a child custody attorney right away. Relocating away from a co-parent with shared custody can be a contentious issue, and having an attorney available to advocate on your behalf is important. Reach out to The Florida Probate & Family Law Firm today for a free case evaluation.