Can the Court Control My Relocation as a Separated Parent?

Generally speaking, adults in the U.S. have the choice to move around and live in new places when they want to. There are many reasons why someone might want to relocate, including to be closer to family, for new job or educational opportunities, or simply to try out a new climate or town. Doing so becomes complicated, however, if you are a separated parent and wish to have time-sharing rights.

If you are living apart from your child’s other parent, and you want to move more than 50 miles away with your child, you need to take certain steps to legally do so. This situation can become challenging and contentious quickly, especially if the other parent does not want their child to move farther away. You want the help of an experienced time-sharing and parental relocation attorney in this type of matter.

Time-Sharing Prior to Divorce

Even if your divorce is not finalized, you likely have a temporary order regarding how you will time-share with your child’s other parent. This order sets out when the child will live with you, and when the child will spend time with your spouse. While this order is temporary, it should be taken seriously, and orders often become permanent when the divorce is final. Courts favor time-sharing arrangements that allow both parents to spend time with their child whenever possible.

Can You Relocate?

Because you are subject to a court order regarding time-sharing, you cannot simply take your child wherever you want at any time. Instead, the law specifically addresses what is required to move 50 or more miles away with your child. Requirements include:

  • Having the other parent agree to the relocation
  • Getting permission from the judge to relocate

Parents might agree that there is good reason for one to relocate, and they might work out how they will continue to time-share. They can then update the parenting plan and time-sharing agreement to address the new situation. This should always be accomplished with the help of a time-sharing attorney in Florida.

If your spouse opposes your relocation, you will need to seek the court’s permission before you are able to move away with your child. Your attorney can draft and file a relocation petition, which must include valid reasons for the relocation. The court will decide whether to grant the petition based on what is in the best interest of the child. It is important to have an attorney who can provide a solid argument in favor of relocation, as the other parent can present arguments against relocation in court.

Consult with a Tampa Family Law Attorney Today

At the Law Office of Mark G. Rodriguez, P.A., we help parents who are seeking to relocate, as well as who are opposing a relocation. We also help parents who are in agreement and need to present their agreement to the court. If you have questions involving relocation with your child while you are separated, contact our office for assistance.