Trying to share custody in Florida can be difficult for divorced or separated parents. They have to negotiate a time-sharing schedule that gives both of them access to the children. They also have to establish a system that allows them to share decision-making authority.
They likely see one another for custody exchanges regularly and have to share information about the children’s health and educational progress. Decisions made by either adult can quickly complicate shared custody arrangements. If either parent decides they want to leave the Sunshine State, the current time-sharing schedule might go out the window.
Do parents who already have a custody order on record need to worry about the other parent leaving Florida or moving far enough away that they cannot see their children regularly?
Custody orders limit relocations
Parents who are subject to a Florida custody order have certain restrictions on their behavior. They have to follow the custody order to the best of their ability, which means communicating with a co-parent and facilitating regular exchanges in accordance with the time-sharing rules.
If either parent intends to move far enough away to affect the time-sharing arrangement, their decision likely requires pre-approval. Unless the custody order says otherwise, a move that is at least 50 miles away or out of state is enough to require pre-approval.
The parents can sometimes reach arrangements that allow them to pursue an uncontested custody modification. They may agree to a different breakdown of parenting time and other parental responsibilities because of the proposed move.
Other times, they may not agree about what adjustments are necessary or if the move itself is beneficial for their children. In such scenarios, they may have to go back to court. A judge has the authority to allow a parent to relocate with the children and to modify the time-sharing arrangement to reflect the greater distance between households.
They can also potentially determine that the change would not be beneficial for the children and can adjust the custody arrangements according to that determination. Parents planning a move or hoping to prevent their children from leaving a state often need to prepare carefully to present an effective case in family court.
Learning more about the rules that apply in a complex custody case can help parents protect the relationships that matter the most. Move-away scenarios can be stressful but may not necessarily result in the children leaving Florida.
