Relocating With Equal Time Sharing
This article will cover:
- Challenges in relocating with equal time-sharing plan in Florida.
- When to file supplemental petitions for relocation.
- How courts determine if relocation is in the child’s best interest in Florida?
Will I Have Problems Relocating If I Have An Equal Time-Sharing Plan?
In Florida, obtaining an order allowing you to relocate with an equal time-sharing plan can be challenging. The court looks at various factors, including the relationship between the non-relocating parent and the child.
For example, if the non-relocating parent has an equal time-sharing plan and is involved in the child’s life at least half the time, the court considers it as one of the factors when determining whether a party can relocate. However, it’s one of many factors that the court considers.
Can My Ex Move If We Have A Joint Time Sharing Plan, And They Are Not Taking The Kids With Them?
If your ex-spouse moves within 50 miles of your current residence and is not taking the children with him or her, they still need to file a supplemental petition for relocation. The court needs to establish the time-sharing plan between the relocating parent and the children once the relocating parent moves.
Typically, the court establishes a long-distance time-sharing plan. During holidays and summers, the relocating parent gets the majority of the time-sharing to offset the time-sharing they won’t receive during the school year.
Can I Move If I Have Primary Time Sharing And My Ex Doesn’t See The Child?
Under Florida Statute 61.13001, if you want to move within 50 miles of your current residence, you need to file a supplemental petition for relocation, even if the other party is not exercising their time-sharing rights.
Can I Move If My Ex Has No Visitation Rights?
If there’s been a divorce or a paternity action where the other party does not have any time-sharing rights, you would still need to file a supplemental petition for relocation under Florida Statute 61.13001, even if the other party has no time-sharing whatsoever with the minor child as the court will retain exclusive and continuing jurisdiction.
For more information on Relocation When Having Equal Time Sharing, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.