Parental relocation, child custody and time-sharing

On behalf of South Tampa Law Group posted in child custody on Monday, April 11, 2016.

For a divorced parent, the news that your ex plans to move with your children to another part of Florida-or different state altogether-can come as a shock. All of a sudden, you face the prospect of becoming a long-distant parent.

Can your spouse move? The answer is yes. However, if you have a court order that provide you parenting time rights, your ex cannot take the children without permission from you or the court.

In Florida, you have a right to see your children according to the terms of your parenting plan. If your ex wants to move with children more than 50 miles away, she must notify you before relocating. If you don’t agree with the move, a judge will decide whether your ex can move the children based on factors such your child’s age and development, his or her needs, and the likely impact the relocation on your child’s physical, educational, and emotional development.

In our mobile society, people often take jobs that require them to move. In some cases, people move to be closer to extended families who can assist with child rearing. The court’s primary concern about the move is not what your ex wants, however, but how the move will affect your children.

If the judge orders the relocation, you can modify your parenting plan to accommodate transportation issues related to visits. For example:

  • You can negotiate fewer, longer visits with your children.
  • You can adjust child support payments to account for travel costs.
  • You can arrange for weekly Skype and phone visits to stay in touch with your child.

The Law Firm of Chris E. Ragano P.A. in Tampa provides experienced counsel to help you preserve your relationship with your children if your spouse wants to relocate.