Paulette Hamilton | September 18, 2024 | Child Custody Cases in Orlando
Under Florida law, separated or divorced parents of minor children are required to develop a legally binding parenting plan that outlines how time spent with the children will be handled. One parent moving far away from the other is highly likely to impact how much time the other parent can spend with the child.
Consequently, parents must coordinate their moving plans with each other and with the state. Below, learn what a long-distance child custody plan entails and how to navigate the situation in a way that is fair to everyone involved and approved by state law.
Understanding Long-Distance Parenting Plans
Florida Statute 61.13001 requires divorced parents sharing minor children to develop a long-distance parenting plan when one parent moves at least 50 miles away from the residence they had when the time-sharing agreement was put in place.
The state has strict requirements for what must go into a long-distance parenting plan, particularly:
- Sharing daily tasks of child-rearing
- Time-sharing schedules for each parent
- Designation of responsibility for healthcare and education
- Methods for communicating with their minor children
- Transportation arrangements for time-sharing
These items are non-negotiable and must be submitted for court approval prior to any parent’s relocation.
Who Is Responsible for Making Decisions About the Child?
Your long-distance parenting agreement must tell the court who will have the power to make decisions about what is in the child’s best interests.
There are three types of parental responsibility:
- Sole Decision-Making Responsibility: One parent makes all the decisions related to a particular issue
- Shared Decision-Making Responsibility: Both parents have equal input and make decisions together
- Final Decision-Making Responsibility: Both parents have input, but only one parent will have the final say
It’s important to be aware that responsibility can be designated and divided any way you choose. In other words, one parent may have sole decision-making responsibility on one issue while another parent makes the sole decisions on another. In some cases, parents may decide it’s best to share decision-making responsibility on everything.
Important Issues for Decision-Making
It’s best for parents to collaborate on making a long-distance custody plan for every issue that affects their young children.
However, the state of Florida outlines some specific circumstances that should be discussed and planned for:
- Who will decide on which activities the children can participate in?
- Who will register the children and pay for the activities?
- Who is allowed to communicate with the children, how often will they do it, and what methods will they use?
- How will each parent navigate different school calendars (including academic breaks) and holiday time?
- How will the children travel long distances between parents?
- Who will pay for travel and accompany children who are too young to travel alone?
The answers to each of these questions should be outlined and submitted with the long-distance parenting plan for approval by the court.
Also, keep in mind that once a court order is issued, there can be penalties for violating it. These can include extra time awarded to the other parent, requirements to pay attorney’s fees, fines, and even community service.
An Experienced Attorney Can Help You Negotiate The Right Plan
It is the preference of Florida courts that parents work their child custody issues out amongst themselves and submit their plan once they’re in agreement.
In some cases, negotiating alone doesn’t yield productive results. If the two are unable to agree, then the relocating parent will submit a petition for relocation, the court will create a plan for the remaining parent, and a judge will determine what’s in the best interests of the child(ren).
With the help of an experienced attorney, you’ll have access to the legal knowledge and skills you need to make sound decisions that are right for your family and make relocation a much smoother process.
Contact our Orlando Child Custody Lawyers at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
For more information, contact our experienced Orlando child custody lawyers at Law Office Of Paulette Hamilton Divorce Lawyers. We serve all through Florida and it’s surrounding areas. Visit our office at:
Law Office Of Paulette Hamilton Divorce Lawyers