SPARC Forums

There is nothing in my CO that says how far I can move my son away from his non-custodial mother, but obviously I can't move him out of state without the court's permission.  We have joint legal custody, but I am the primary residential parent & she has visitation (pretty standard in FL).  In Florida, how far away from the NCP is the CP allowed to move without the court's (or the NCP's) consent?

>There is nothing in my CO that says how far I can move my son
>away from his non-custodial mother, but obviously I can't move
>him out of state without the court's permission.  We have
>joint legal custody, but I am the primary residential parent &
>she has visitation (pretty standard in FL).  In Florida, how
>far away from the NCP is the CP allowed to move without the
>court's (or the NCP's) consent?

Absent a court order or state statute prohibiting you from relocating the child, you can move to outer Mongolia without the court or the other parent's consent, as long as you continue to permit visitation on the same terms as the court has already ordered.

So, the direct answer is entirely dependent on the practical ability of you to maintain the status quo. Example:

If you move 100 miles away, and the other parent has visitation on Wed night at 6PM, then your move will have frustrated her ability to exercise visitation, unless you have the child no more distant from the other parent than was the case prior to your move, every Wed night at 6PM.

If you want to keep things civil, I suggest that you file a motion to modify parenting, on grounds that you would like to relocate. You will be referred to mediation, and if you and the other parent can't agree, then the court will decide for you.

If you just move on your own responsibility, you will start an unnecessary war.