How a Move Can Impact Non-Custodial or Joint Custody Agreements

Carefully crafted to balance the best interests of the child with the needs and rights of both parents, custody agreements provide families with structure after a divorce. That said, life changes such as a parental relocation can complicate matters.

In Florida, a move can significantly impact non-custodial and joint custody agreements. Have a conversation with a Port St. Lucie family law attorney about how relocation may affect your unique situation.

Different Agreements, Different Approaches

Before delving into the effects of a move, it’s important to understand the differences between non-custodial and joint custody arrangements. (for purposes of this article, we will use the terms “custody,” “custodial” and “non-custodial,” although Florida does not recognize these terms.)

• Non-custodial custody. In this arrangement, one parent (the custodial parent) has primary physical custody of the child, meaning the child lives with them most of the time. The other parent (the non-custodial parent) typically has visitation rights, which may include weekends, holidays, or other designated times. The non-custodial parent does not have the child living with them full-time but may still share legal custody, meaning they have a say in important decisions about the child’s upbringing.
• Joint custody. When it comes to joint custody, it can refer to joint legal custody, joint physical custody, or both. In joint legal custody, both parents share decision-making responsibilities regarding the child’s welfare, including education, healthcare, and religion. Joint physical custody means that the child spends significant time living with both parents, though not necessarily an equal split.

When a parent decides to move, the impact on custody agreements can be significant, and the exact consequences depend on whether the arrangement is non-custodial or joint custody.

For non-custodial parents, relocation by the custodial parent can drastically alter their visitation schedule. If the custodial parent moves a significant distance away, it may be challenging for the non-custodial parent to maintain regular visits. Because of this, if a Florida custodial parent plans to relocate more than 50 miles away for 60 days or more, they are required to either obtain consent from the non-custodial parent or seek court approval.

Joint Custody and Relocation

Relocation can complicate joint custody arrangements too, particularly with joint physical custody. Since the child spends significant time with both parents, a move can disrupt this balance, making it difficult to maintain the existing custody arrangement.

Again, seeking the consent of the other parent or court approval is required. Should the issue go before a court, the best interests of the child will be considered. Then, the court may:

• Deny the relocation if it significantly disrupts the joint custody arrangement.
• Modify the custody arrangement, possibly shifting from joint physical custody to a custodial/non-custodial arrangement if the move is approved.

Whether you are the parent seeking to move or the one impacted by another’s decision, consulting with an experienced Port St. Lucie family law attorney is essential.

Is the idea of you or your ex moving causing you stress? Share your custody concerns with the attorneys at Baginski, Brandt & Brandt to be sure your rights are protected and ensure that the best interests of your child remain the priority. Contact us today to schedule your confidential consultation.