Parent Moving Less than 50 miles away but will affect time-share, what can be done?

[jaja5514]

Hello, we are in Florida. Mom and Dad have a existing parenting plan where school designation belongs to her. During the initial parenting plan, Mom and Dad lived 28.3 miles apart, the child was in school in mom's district. Mom has now moved an additional 31.3 miles away bringing the total distance between Mom and Dad 54 miles away. The parents share 50/50 custody (week on / week off). Dad is concerned the 2 hour drive each day (for school) on his weeks is not possible because of his work schedule. Will the courts consider the total distance between both parents homes if he tries to file a petition against the relocation or is that not possible? Is there another way to work this out to where both parents still have 50/50 custody if the child stays with Mom during the week because of school? Dad's main concern is the move affecting his ability to have 50% time share since he will not be able to drive/pick up from school every day on his weeks.

 

[Just Blue]

Hello, we are in Florida. Mom and Dad have a existing parenting plan where school designation belongs to her. During the initial parenting plan, Mom and Dad lived 28.3 miles apart, the child was in school in mom's district. Mom has now moved an additional 31.3 miles away bringing the total distance between Mom and Dad 54 miles away. The parents share 50/50 custody (week on / week off). Dad is concerned the 2 hour drive each day (for school) on his weeks is not possible because of his work schedule. Will the courts consider the total distance between both parents homes if he tries to file a petition against the relocation or is that not possible? Is there another way to work this out to where both parents still have 50/50 custody if the child stays with Mom during the week because of school? Dad's main concern is the move affecting his ability to have 50% time share since he will not be able to drive/pick up from school every day on his weeks.

Who are you in this situation?

 

[adjusterjack]

How old is the child?

 

[LdiJ]

Hello, we are in Florida. Mom and Dad have a existing parenting plan where school designation belongs to her. During the initial parenting plan, Mom and Dad lived 28.3 miles apart, the child was in school in mom's district. Mom has now moved an additional 31.3 miles away bringing the total distance between Mom and Dad 54 miles away. The parents share 50/50 custody (week on / week off). Dad is concerned the 2 hour drive each day (for school) on his weeks is not possible because of his work schedule. Will the courts consider the total distance between both parents homes if he tries to file a petition against the relocation or is that not possible? Is there another way to work this out to where both parents still have 50/50 custody if the child stays with Mom during the week because of school? Dad's main concern is the move affecting his ability to have 50% time share since he will not be able to drive/pick up from school every day on his weeks.

How long ago did mom move the extra distance?

 

[Ohiogal]

Why is it so important to keep that 50% timeshare? What is best for the child?

 

[Zigner]

Please have one of the legally involved parties log on to ask their own questions about their own legal matter. Thank you.

 

[zddoodah]

Will the courts consider the total distance between both parents homes if he tries to file a petition against the relocation or is that not possible?

The phrasing of this sentence is odd, but the court will consider all relevant facts if the father files (not "tries to file") an appropriate petition or motion, and the distance involved could hardly be more relevant.

A few questions for you (in addition to those already asked):

1. What, if anything, does the existing parenting plan say about either parent moving (e.g., is advance notice required, etc.)?
2. Did the mother give the father any advance notice about her move? If so, how much notice?
3. If the mother gave the father notice, why didn't the father take action at that time (i.e., before the move)?

 

[Zigner]

The phrasing of this sentence is odd, but the court will consider all relevant facts if the father files (not "tries to file") an appropriate petition or motion, and the distance involved could hardly be more relevant.

A few questions for you (in addition to those already asked):

1. What, if anything, does the existing parenting plan say about either parent moving (e.g., is advance notice required, etc.)?
2. Did the mother give the father any advance notice about her move? If so, how much notice?
3. If the mother gave the father notice, why didn't the father take action at that time (i.e., before the move)?

All great questions for the involved parent to answer...

 

[jaja5514]

Who are you in this situation?

Hi, I am a sibling to Dad.

 

[jaja5514]

How old is the child?

The child is 10.

 

[jaja5514]

How long ago did mom move the extra distance?

She moved last Friday.

 

[stealth2]

Hi, I am a sibling to Dad.

Then please have Dad create his own account and discuss his issues. Thank you.

 

[jaja5514]

The phrasing of this sentence is odd, but the court will consider all relevant facts if the father files (not "tries to file") an appropriate petition or motion, and the distance involved could hardly be more relevant.

A few questions for you (in addition to those already asked):

1. What, if anything, does the existing parenting plan say about either parent moving (e.g., is advance notice required, etc.)?
2. Did the mother give the father any advance notice about her move? If so, how much notice?
3. If the mother gave the father notice, why didn't the father take action at that time (i.e., before the move)?

The existing parenting plan does not say anything about either parent moving, only that they have to follow the FL Statue 61.13001 (which is where question of the 50 miles came from). Mother notified him on July 20th and moved July 23rd. When Father found out on July 20th, he went to the courthouse to file a motion to prevent relocation and was told he could only file that once she moved, not before.

 

[jaja5514]

Then please have Dad create his own account and discuss his issues. Thank you.

Oh, sorry. I did not know that was against the rules, he does not have a computer but I will see I can help him to get one. Thanks.

 

[Zigner]

The existing parenting plan does not say anything about either parent moving, only that they have to follow the FL Statue 61.13001 (which is where question of the 50 miles came from). Mother notified him on July 20th and moved July 23rd. When Father found out on July 20th, he went to the courthouse to file a motion to prevent relocation and was told he could only file that once she moved, not before.

Tell dad to read 61.13001 and proceed based on that. If he doesn't know what to do, then tell him he needs to speak to an attorney. YOU are not an attorney.