Unmarried Shared Parenting Plan

by Jessica
(Florida)

Can the primary parent take the child out of the state without permission? To travel or to change residence...

Answer to Florida Child Custody Question

Dear Jessica,

Generally, there are two ways to do this legally. First is by a mutually agreed to long distance Parenting Plan and Time Sharing Schedule entered in court, and secondly by Petition. Florida law regarding this can be found in Florida Statute 61.13001, titled Parental relocation with a child.

By Agreement

(2) RELOCATION BY AGREEMENT.--

(a) If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may satisfy the requirements of this section by signing a written agreement that:

1. Reflects consent to the relocation;

2. Defines an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to access or time-sharing; and

3. Describes, if necessary, any transportation arrangements related to access or time-sharing.

By Petition

This can be handled in several ways, depending on the nature of the relocation, and several other factors, including a motion to prevent removal. If this is the case, we highly recommend consultation by a family law attorney. See our Florida legal resources page for information on low cost and free legal assistance.

Florida Petition forms of interest would include

Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief,
Verified Motion for Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services,
Petition to Determine Paternity and for Related Relief,
Long Distance Parenting Plan,
and several other supporting forms.

We are not lawyers and do not give legal advice.
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If you have any concerns and need legal advice, you should speak to an attorney in your area. You should only accept legal advice from an attorney.

If you do not have a lawyer, we recommend you use this free Lawyer Referral Service by LegalMatch or call toll free 877-517-7329. Many lawyers offer free initial consultations.

Also, have a look at our Florida legal resources page for more information about free and low cost legal services in Florida.

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Child Custody Library
The most complete library of expert child custody publications on the internet. Website contains 100s of child custody forms & publications for mothers, fathers, and grandparents. Visit CustodyLibrary.com

Modifying Parenting Plans & Time Sharing Schedules

This 70+ page guide has complete step by step instructions for completing the Florida court approved forms for the Supplemental Petition to Modify Parenting Plan/Time Sharing Schedule & Other Relief. Available as an e-book download.

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