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What Does Florida Law Say About Out of State Time Sharing

When you divorce your spouse in Florida relocating to another state becomes difficult. If you have a time sharing agreement with your child’s other parent and you wish to move with your child out of Florida, contact the Law Office of Paul H. Bowen, P.A. for legal help. With more than 30 years of experience in divorce, child custody issues and other family law matters, Attorney Paul H. Bowen can help improve your chances of receiving a positive outcome in your Florida relocation case.

Changes to Florida Child Custody Laws

In 2008, the state of Florida made important changes to its laws regarding child custody.  One of which was to eliminate words like “custody, “primary residential parent.” “Non-custodial parent” and “visitation,” terms previously used to describe the child custody agreements parents enter into when they get divorced. The terms now used in Florida include “shared parental responsibility,” “sole parental responsibility,” “equal time sharing” and “majority time sharing.” The state legislature felt these terms were less suggestive of possession or control.  They more accurately described the child-rearing responsibilities parents are expected to uphold, even in divorce. Other changes to the law in Florida included the development of a cohesive parenting plan and time-sharing agreement.

Time Sharing Florida

According to Florida law, time sharing refers to where a child will live when his or her parents divorce. The courts have two options when determining time sharing responsibilities: shared parental responsibility, where the parents share parenting duties and make decisions about their child together, and sole parental responsibility, where one parent has the right to make day-to-day decisions about the child’s upbringing, as well as important decisions about the child’s education, religious choices and medical care.

Creating a Florida Time Sharing Schedule

With regard to time sharing child custody Florida favors shared parental responsibility and encourages both parents to be involved in the child’s upbringing and life. If shared parental responsibility is granted, the parents must develop a time sharing schedule detailing how parenting responsibilities will be divided and how they plan to address unique factors, such as one parent relocating or living a significant distance from the other. If both parents regularly participate in the child’s life, one parent getting permission to relocate out of state or a significant distance with the child can be extremely difficult.

For instance, if one parent wants to move the child more than 50 miles away for more than 60 days, he or she must inform the other parent and obtain consent. If the other parent does not consent to the move, the parent requesting the consent must obtain a court order to allow the move. Under Section 61.13001 of the Florida Statutes, “If a parent attempts to relocate with a child and fails to comply with Section 61.13001(3) of the Florida Statutes regarding the petition to relocate, such parent may be subject to contempt and other proceedings to compel the return of the child, and such non-compliance may be taken into account by the court in a subsequent determination or modification of the parenting plan, access, or the time-sharing schedule.”

Contact an Experienced Florida Time Sharing Attorney

Dealing with divorce and time sharing in Florida can be extremely complicated, especially when it comes to navigating the requirements of shared parental responsibility and reaching a mutually agreeable Florida time sharing schedule with one parent living out of state. If you are a parent with shared parental responsibility seeking to move more than 50 miles from your original location, or to relocate out of state with your child, or if you object to a proposed move by your child’s other parent, contact the Law Office of Paul H. Bowen, P.A. today to discuss your legal options.