In Florida family law, child custody (now legally referred to as time-sharing) is a common topic for dispute between the parents. A primary objective is for the child to see both parents as regularly as possible and maintain a relationship with them. However, disagreements can arise if the parent with whom the child resides wants to relocate.
In some instances, the sides are agreeable to the relocation. Understanding the law for relocation by agreement is important for couples who can negotiate amicably. It is also important to be legally protected.
What does the law say about relocation by agreement?
According to Florida law, parents can avoid rancor by agreeing to the relocation without court intervention. In the agreement, the parents and anyone else who has a right to have access to the child must sign it. It must say that consent has been provided and it details the schedule for access or time-sharing for the parent who is not relocating and others with the right to see the child. Travel can be a challenge after a relocation, so the agreement must also say how transportation will be done.
Relocation disputes can be time-consuming, costly and emotionally challenging. Without an agreement, a petition must be filed with various criteria fulfilled. It must include detailing a new visitation schedule when the move will take place, contact information and more. It must also say why the relocation is taking place. For those who are moving because of a new job, the job offer must be attached to the petition. It will also impact when the non-relocating parent will see the child and must be addressed.
Even if a relocation agreement is possible, having legal help is wise
With its complications, if the parties can agree, it can smooth the process and help with maintaining a cordial if not an outright friendly relationship. This may also help the child adjust. Even if the parties are on relatively good terms and are serious about avoiding conflict, challenges might still arise.
In family law, because parental relocation requires flexibility and could mean a different plan for both parents to see the child, knowing the law and having experienced help is key. Agreeing on a relocation plan can also save time, money and stress. Not all situations are appropriate for relocation by agreement, but if it is possible, it is worthwhile to pursue. Having advice from the start is essential.