Can I Move Out of State With Joint Custody?

If you want to move out of state and have joint custody of your child, you may not be sure of the procedure involved in this move. Likewise, if the other parent has talked about a proposed relocation, you might be concerned about how the move might affect your relationship with your child.

Here is what you need to know about this critical, life-changing issue.

What Is Joint Custody?

In Florida, child custody is generally divided into two categories: parental responsibility and time-sharing. Parental responsibility refers to the right to make important decisions about a child’s upbringing, such as choices related to healthcare, education, and religious matters. Time-sharing, on the other hand, concerns the schedule of when the child lives with each parent.

Both parental responsibility and time-sharing can be granted as sole (one parent has the authority) or joint (both parents share the rights). When people refer to “joint custody,” they often mean an arrangement where both parents share decision-making and the child spends roughly equal time with each.

Florida law generally favors joint custody as being in the best interests of the child, unless one parent shows that such an arrangement would be harmful.

Move-Away Laws in Florida

Florida has specific laws that come into play when a parent with a child custody order wants to relocate, when the relocation is:

  • At least 50 miles from their current residence
  • For at least 60 consecutive days
  • Not a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child

The parents can either agree to the move and notify the court of this agreement, or the parent wishing to move must file a Notice of Intent to Relocate with the court and give the other parent the opportunity to object.

Agreement by Parties

When both parents consent to the relocation, they may execute a written agreement reflecting their approval. This agreement must outline the revised time-sharing schedule and detail any necessary transportation arrangements.

Once completed, the agreement is submitted to the court for approval and incorporation into the parenting plan.

Petition to Relocate

If the parents don’t agree and have not entered an agreement with the court, the parent wishing to relocate must prepare a petition and provide a copy to the court and the other parent with the following information:

  • The intended new address
  • The new phone number, if any
  • The date of the intended move
  • A detailed statement regarding the specific reasons for the proposed relocation
  • A written job offer, if that is the reason for the move
  • A proposal for the revised parenting schedule
  • The relocating parent’s oath
  • A specific statement that says if the other parent doesn’t object to the move in writing within 20 days after being served the relocation will be allowed

The other parent has 20 days to put their objection to the move in writing and notify the court. If the parent objects, the court has a hearing to determine if the move is in the child’s best interests, considering similar factors as to those considered when initially awarding child custody.

Contact a Family Law Attorney To Learn More About Your Legal Rights and Obligations

Moving out of state with joint custody in Florida requires either the other parent’s consent or court approval. Because the law focuses on the child’s best interests, relocation cases can be complex and time-sensitive.

If you are considering a move—or responding to one—it’s important to understand your rights and obligations. Speaking with a family law attorney can help you navigate the process and protect your relationship with your child.

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St, Orlando, FL 32803