Creating parenting arrangements is often a painful process for recently divorced parents. It can be very difficult to make concessions related to time-sharing and challenging to communicate with a former partner about the children to make decisions about them.
However, that is essentially what shared custody requires of parents in Florida. Adults have to abide by a time-sharing schedule and generally also share legal custody or decision-making authority. Choices made by one parent could affect the rights of the other and the relationships of everyone in the family.
If one parent wants to move away or relocate with their children, their choice may impact every aspect of co-parenting. What do people need to know about the emotional and legal implications of a parental relocation?
Significant moves require prior planning
Individuals subject to a custody order generally have to secure prior consent when planning a relocation. Provided that the move is 50 miles or more away from the child’s current residence and that the relocation lasts 60 days or more, either the other parent or the courts must consent to the relocation.
The simplest solution is often to work with a co-parent to adjust time-sharing arrangements and implement virtual visitation standards. Parents can then propose an uncontested modification that adjusts the custody order to reflect the relocation.
If the parents do not agree, then the matter may have to go to family court. A judge can hear from both parents and decide how to update parenting arrangements based on their understanding of the situation. In such cases, their focus is on the best interests of the children rather than the rights of the parents.
Emotions run high when parenting plans change
Parents proposing a relocation can expect an emotional reaction from their co-parents. Those who hear about a proposed relocation may need to give themselves time to process the idea and respond appropriately.
Thinking about what may be best for the children can help parents temper their reactions to one another in a relocation scenario. Parents with limited time-sharing may need to set aside negative emotions to focus on what might benefit their children in the long run. Access to better schools or an improved standard of living secured through a new job for a parent can have a positive impact on the children’s lives.
Parents proposing relocations generally need to be ready for the other parent to take issue with the idea. They should try to manage their emotional reactions to any opposition that they face. One of the most important elements of navigating a time-sharing dispute is to shield the children from the emotional fallout of the disagreement.
Both those trying to propose a relocation and those opposing one may need help presenting their perspective in family court and pushing for the most reasonable changes to the shared parenting arrangements. Reviewing the current time-sharing order and the terms of the proposed relocation can help people develop a strategy.
