Florida Parenting Plan Changes: When Your Ex Fights Relocation

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The video above talks about how relocation works under Florida law and the changes you’ll need to make to your parenting plan if your ex agrees to the move. Both of you have to sign a written agreement that says you agree, as well as coming up with any necessary changes to the time-sharing schedule. This documentation must be turned over to the court and signed off on, but for the most part that is a formality.

As any experienced Orlando family law attorney will tell you, the problem comes in when the non-moving parent does not agree. So, how do you handle that situation if you are the one trying to move for a job or another important reason?

Speak with an experienced Florida attorney at our firm today.
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Florida Parenting Plan Changes: Filing a Relocation Petition

When you and your ex don’t agree about the move, the next step for you is to file a petition with the court detailing everything about the move. This includes:

  • When you need to move
  • Where you are moving (including all contact information)
  • Why you are moving (to be closer to family, for a job, etc.) and any pertinent documentation
  • Your proposed changes to the parenting plan and how you plan to work out visitation and transportation
  • A formal notice telling your ex how to respond to the petition and what will happen if they don’t

At this point, the ball is in your ex’s court. If they do not respond to the petition with a counterargument, you win by default and are allowed to relocate. But if they do respond, the court has to hold a hearing.

Parenting Plan Changes: The Hearing

If a hearing or trial is scheduled to decide your relocation, it is important to hire a qualified family law attorney to assist you. This can be a difficult issue that affects both parents’ relationship with their child for many years. An attorney will advise how best to argue your position and reorganize your parenting plan so that it’s fair to you, your ex, and your child—which is what the Court ultimately wants.

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