Parenting plans are required for all divorces in Florida that involve minor children. Creating a parenting plan requires both you and your ex to work together and discuss how you will co-parent once the divorce is finalized. If your partner intends to move to another state after the divorce, creating a parenting plan that prioritizes your child’s best interests while allowing them to see both parents is challenging. However, you can successfully create a parenting plan that is suitable for your family with the guidance of your Lake County divorce attorney. Below, we discuss what you need to know about creating a long-distance parenting plan.
What is Considered Long-Distance Parenting in Florida?
Long-distance parenting in Florida is defined as a parent who lives more than 50 miles away from their child’s last known address (as stated in the most recent parenting plan) for at least 60 days.
Requesting Relocation After a Divorce
You and your partner must agree to the move before either of you moves out of state. If you both agree, you can sign a written agreement and submit it to the family court for approval. If you disagree, your partner can file a formal petition with the court to request relocation. You will be served with the request, and you can submit a counter-petition objecting to it. A judge will review the request, along with any objections, and decide whether to grant or deny the relocation. The judge will consider factors like your child’s ability to maintain relationships with both parents, visitation timing and logistics, and positive impacts of the move.
How to Create a Long-Distance Parenting Plan
Relocation impacts nearly all aspects of a parenting plan, including time-sharing arrangements, parental responsibilities, and financial obligations. This is why a new parenting plan is required whenever one parent relocates. Florida courts make it clear that both parents should work together to develop a long-distance parenting plan that acts in your child’s best interest and is logistically feasible. When creating a long-distance parenting plan, you’ll want to include the following:
Time-Sharing Schedule
One of the most important elements of a long-distance parenting plan is the time-sharing schedule. The time-sharing schedule specifies when and for how long the children will spend time with each parent. However, many standard time-sharing plans don’t account for long-distance traveling. That’s why it’s important to work together with your partner and your lawyer to develop a plan that works for everyone. Consider travel time, the child’s school calendar, and social activities when planning visits.
Transportation
Transportation methods and responsibilities are another crucial element of creating a long-distance parenting plan. Will the child need to fly independently to see the other parent? Will visits require long-distance driving? Who will be responsible for transportation expenses? Will travel time be factored into visitation time? You should also state your preferred travel methods and who will be responsible for accompanying the child for exchanges. You should also create a contingency plan in case of flight delays or cancellations.
Communication Preferences
Specify how the out-of-state parent will interact with your child during non-visitation time. Work with your ex to determine when and how often your child will communicate via text, phone calls, or video chats. When, for how long, and how frequently these calls occur should also be specified.
Changes and Modifications
Develop a plan for adjusting or modifying visitation times if last-minute changes are necessary. Provide guidelines for notifying the parent of schedule changes and how far in advance these arrangements must be made.
Long-Distance Parenting Impacts on Parental Responsibility
Another significant part of creating a long-distance parenting plan is determining which parent is responsible for making decisions about your child’s upbringing, education, medical treatments, and daily affairs. Shared responsibility is the preferred type of parental responsibility in Florida, which allows both parents to have decision-making authority. Shared responsibility with decision-making power allows one parent to be the ultimate decision-maker if both parties cannot agree. In rare cases, one parent may be granted sole parental responsibility, which gives one parent all decision-making power.
Modifications with an Out-of-State Parent
If you filed for divorce in Florida and then your ex moved to a different state, all modification requests will go through the Florida family court system. Modification requests will be granted per Florida law, which often comes into play when requesting to modify child or spousal support. In cases where you and your ex, along with your children, move to a different state than where the divorce was filed, you and your ex can agree to have another court system preside over the divorce decree.
Child Support For Out-of-State Parents
Child support is granted in nearly all divorce cases, regardless of where the parents live. Child support remains unchanged unless a modification is requested. Child support is enforceable across state lines, so whoever made payments before the move is responsible for making them. If your ex stops paying child support after moving, contact our team at the Remsen Family Law Firm to enforce child support payments.
Remsen Family Law Firm: Lake County Divorce Attorney
There are many things to consider when developing a long-distance parenting plan. With an experienced Lake County divorce attorney at your side, though, we’ll work with you and negotiate with your ex to make a plan that keeps you and your family’s best interests in mind. Schedule your consultation to learn how we can help you navigate long-distance co-parenting after a divorce.
