Fort Lauderdale Child Time-Sharing: What To Do If Your Ex Wants To Move Out Of State With Your Child

For Fort Lauderdale parents who have gone through a break-up, few situations are more stressful than learning your ex wants to move out of state. Whether for a new job, remarriage, or a fresh start, relocation requests can seriously jeopardize your parental rights and your child’s best interests.

Florida law has specific rules about parental relocation. If your ex fails to follow them, they could face serious legal consequences. Our Fort Lauderdale child time-sharing lawyer explains what to do if a move is on the table.

Florida’s Parental Relocation Law: How It Impacts Fort Lauderdale Child Time-Sharing Rights

Section 61 of the Florida Statutes outlines the rules and requirements for child time-sharing arrangements in Fort Lauderdale. A key provision is that any parent who wants to relocate over 50 miles from their current residence for 60 days or more must obtain the other parent’s consent or file a Petition to Relocate and receive court approval.

This law applies regardless of the type of child time-sharing arrangements in place. If your ex fails to follow this process and moves your child without your consent, the court may order them to return and could even restrict their parenting. Common issues in these cases include:

• Lack of communication: One parent may not inform the other or provide enough time to respond.
• Disagreement over best interests: Courts must decide whether relocation benefits the child, not just the parent.
• Impact on time-sharing: The move could reduce one parent’s time with the child, especially if long-distance travel is involved.
• Educational and emotional considerations: Courts consider how the move will affect the child’s schooling, stability, and emotional development.

The court will also evaluate support systems in both locations and the feasibility of maintaining a meaningful relationship with both parents after the move.

Steps to Take If Your Ex Wants to Relocate With Your Child

You must act quickly if your ex plans to move with your child or has already moved without permission. Take these steps:

• Never informally change child time-sharing plans: Even if you and the other parent are on good terms, always go through the proper legal process when making changes.
• Request mediation: Some relocation disputes can be resolved through mediation.
• File an objection: If you receive a relocation petition, you have 20 days to file an objection.
• Document everything: Save texts, emails, or other communications about the move or your child’s well-being.
• Request a court hearing: If your ex moves without consent, you can ask the court to compel the child’s return and modify custody if needed.

Concerned About A Relocation? Contact Our Fort Lauderdale Child Time-Sharing Lawyer Today.

If your ex is planning a move that could affect your parenting time, don’t wait. At Vanessa L. Prieto Law Offices, we protect parents in Fort Lauderdale, helping them navigate the complex relocation process.

To speak with our experienced Fort Lauderdale divorce lawyer, call or contact us online today and request a consultation.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html

flcourts.gov/content/download/685921/file_pdf/950d.pdf