Sharing custody often imposes certain limitations on a parent. Their employment arrangements and travel plans may need to shift because of their shared parental responsibilities. They may not be able to make immediate decisions regarding parenting matters because they have to get input from the other parent due to shared legal custody. If they decide they want to leave Palm Beach County with the children, they may need permission.
There are many reasons why parents subject to a shared custody order might want to leave Palm Beach County. Moving to an adjacent county may shorten their commute to work or reduce their housing costs. Maybe they have family members on the other side of the state or in Missouri.
When a parent wants to move away with their children, they typically need to discuss the matter with their co-parent before they take any major steps.
The law requires advance notice
Florida state statutes very clearly require written notice before a move that takes the children at least 50 miles away from their current residence. A move out of the county or the state is likely to trigger that rule.
Providing advance written notice to the other parent gives them an opportunity to negotiate for custody adjustments. For example, they could ask to have the children return to Palm Beach County for the majority of their summer break to make up for lost parenting time throughout the school year.
Other times, when the move is not prohibitively far, regular custody exchanges or visits may still be possible. The parents may be able to modify their time-sharing schedule and create new arrangements for overcoming the additional distance between their households.
What if a co-parent disputes the move?
The simplest solution in a relocation scenario is cooperation between the parents. However, a parent worried about losing time with their children might oppose a relocation request. In those situations, the matter may require the review of a family law judge.
A judge considers factors including the current custody arrangements, how the move might alter those arrangements and the reason behind the relocation request. A judge typically wants to make decisions that uphold the best interests of the children.
They have the authority to modify the current allocation of parental rights and responsibilities to reflect the relocation request. Both parents have an opportunity to present their perspectives in a contested relocation scenario.
Those who understand the rules that apply in a relocation scenario may have a better chance of securing the time-sharing modifications they desire. Developing a strategy that focuses on the needs of the children can help people navigate a contentious relocation case in Palm Beach County.