There are many reasons why people want to move during or after a divorce. Some people want to return to the area where they grew up, where they have more familial support, which may be a state other than Florida. Others have always wanted to live in another region and believe it is time for a new beginning. Or possibly there has been a job offer that requires relocation and is far too attractive to dismiss.
Whatever your reason for wanting to move, if you are a parent, custody concerns will need to be addressed.
Florida Law Defines Relocation
When co-parenting, one or both parents can move to a different house, apartment, or condo whenever they would like provided they are staying in the same area. But a move that falls under the category of relocation will likely require an agreement.
Under Florida law, a parent relocation is when a parent moves 50 miles or further from where they currently reside and they stay there for 60 days or more. If the move is temporary, for an educational opportunity, a vacation, or to access medical care, for example, it is not deemed a relocation.
If it is clear a parent is relocating, such as a permanent move out of state, a written agreement that outlines the terms of the custody arrangement after the move needs to be drafted. This agreement needs to address the following:
- State that both parents are agreeing to the relocation
- Establish a parental schedule, such as set visitation periods
- Outline how transportation will be handled for the visitation dates
When parents are in agreement, the signed contract can be filed with the court without needing to schedule a formal hearing. That said, there are situations when parents are not in agreement and things can become more complicated.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The terms of your Florida divorce agreement can be upheld in other states, this is a protection under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). If you want to be sure you still have time with your kids but also want to move, discuss your options with a Tampa family lawyer. Life changes, and courts recognize that. There are ways to modify parental plans and adjust custody agreements. Securing legal support as soon as possible is advised, planning ahead can result in the outcome you are seeking.
Do you want to move but are unsure how that could impact your pending divorce or custody agreement?
