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How does relocating affect child custody arrangements?

On Behalf of | Sep 25, 2024 | FAMILY LAW - Child Custody

Parents often face challenges when one of them plans to relocate to another state. A move may require changes to the existing child custody arrangements to ensure the best interests of the child.

Understanding the legal requirements for relocation

In many states, including Florida, a parent who plans to move more than a certain distance must provide the other parent with written notice. This notice includes the proposed new location and reasons for the move. It allows the other parent to agree or object to the relocation.

Filing a petition to modify custody

If both parents cannot agree on the new custody arrangements after relocation, the parent wishing to move must file a petition to modify the existing custody order. The court will then review the request and consider factors such as the child’s relationship with both parents, the impact of the move on the child, and whether the move is in the child’s best interest.

Factors considered by the court

When determining if a relocation and custody modification are appropriate, the court evaluates the potential benefits for the child, including educational and social opportunities in the new location. Courts also assess whether the move will allow the child to maintain a relationship with both parents, through physical visits or virtual contact.

Maintaining parenting time after relocation

If the court approves the move, the judge may adjust the custody schedule to accommodate the distance. The non-relocating parent may receive extended visits during holidays or summer breaks to maintain a meaningful relationship with the child.

In conclusion, modifying child custody arrangements after relocating to another state involves legal procedures, and courts prioritize the child’s best interests when making decisions. Consulting an attorney can help parents navigate this complex process.