I Need to Relocate. What Happens to My Timesharing Rights?

You just received an offer for your dream job, complete with a promotion, significant raise, window office, and incredible 401K matching plan. You’ve spent your entire adult life working for this. The catch: you need to work five days a week in the office, which is located in Tallahassee, and you currently live in Boca Raton. Since you share timesharing with your ex-spouse, you will need to significantly change your timesharing agreement to take this job. Is this possible?

In timesharing cases, Florida law defines relocation as moving more than 50 miles away from the address in the existing timesharing plan and living at the new address for more than 60 days. The courts recognize that moving a far distance can impact the child’s relationship with the other parent and, therefore, require that the relocating parent seek permission from the court.

In the best-case scenario, the relocating parent and other parent can agree on a new timesharing plan on their own. When this occurs, the parents’ attorneys create an agreement on how the new timesharing plan works and how transportation between the two homes will be managed. Both parents sign the plan and the attorney submits it to the court for ratification.

In many cases, however, the parents cannot agree on a new timesharing plan. In this situation, the relocating parent must serve a petition to the other parent and file it with the court. The petition must include:

• The intended address and phone number for the relocating parent.
• The date of the move.
• The reasons for the move. If the move is for a new job, the written job offer must be included in the petition.
• A proposal for a new timesharing schedule and transportation plan

The non-relocating parent has 20 days to respond to the petition. If they fail to respond, the relocation is allowed. If they do respond, both parents must attend a hearing and a judge will determine the if the relocation is permitted. Some of the factors that the judge will consider include:

• The child’s age and potential impact on the child’s development
• The child’s relationship with each parent
• The ability to have a meaningful relationship with both parents after the move
• The parents’ rationales for and against the relocation
• The child’s preference (depending on the child’s age)
• The cost and logistics of visitation for the nonrelocating parent
• Any other reasons that the relocation will positively impact or disrupt the child’s life

While the court process can be frustrating, it’s essential to remember that you must wait for the court’s approval before relocating with the child. Moving without approval is against the law and could cause you to lose your timesharing rights as well as cause you to pay for the other parent’s attorneys fees.

If you are seeking to relocate or your child’s other parent is seeking to do so, contact Troy Legal to advise you through this complex process and help you reach a fair outcome.

About Troy Legal

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.