Time-Sharing and Interstate vs. Intrastate Complexities

Custody and visitation schedules are often referred to as time-sharing arrangements. These are designed to support the best interests of the child. But what happens when one parent moves, whether across the state or out of state entirely?

A long-distance move can significantly impact an existing time-sharing schedule, and understanding the legal distinctions between interstate and intrastate moves is important in these situations. Professionals can guide you through the process. Contact a Port St. Lucie family law attorney to explore the best path forward.

Still in Florida or Crossing State Lines

Under Florida law, a move is considered a relocation if it is more than 50 miles away from the current residence and lasts for 60 consecutive days or more. This applies whether the move is within the same county or across the state.

Even when a move is intrastate (within Florida), it can still disrupt a parenting plan. For example, if one parent moves from Port St. Lucie to Tampa or Jacksonville, long drives and school schedules can make midweek visits, shared holidays, and regular weekends impractical.

In these cases, the relocating parent must either:

• Obtain a written agreement from the other parent that approves the move and revises the time-sharing plan, or
• File a Petition to Relocate and seek court approval.

Moving out of Florida adds another layer of legal complexity. Interstate moves can trigger questions about which state has jurisdiction, especially if custody has not yet been finalized or if the child has recently moved.

Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which helps determine which state has authority over custody matters. Generally, the child’s home state, where they’ve lived for the past six months, will retain jurisdiction. But once a parent crosses state lines, enforcement and modifications to time-sharing plans become more complicated.

Like intrastate moves, interstate relocations require written consent or court approval. The court will assess how the move impacts the child’s relationship with both parents, school continuity, and overall well-being.

Whether you’re the parent moving or the one staying, there are several legal options. For one, parents can work together to modify the time-sharing schedule. But if there is no agreement in reach, the relocating parent must formally request court permission. The court considers factors such as the reason for the move, the child’s relationship with both parents, and how the move affects the child’s development.

Virtual Visitation and Travel Adjustments

Courts may grant longer visitation periods during school breaks or increased virtual communication to maintain parent-child bonds, too. Typically there are creative and effective solutions available when parents are open to a range of resolution options. If a potential move could impact your time-sharing arrangement, have a conversation with a Port St. Lucie family law attorney. Securing legal guidance promotes informed decision making.

Have you decided to object to a proposed move? Connect with the legal team at Baginski, Brandt & Brandt. A skilled family lawyer can help you protect your rights and your child’s best interests. To book a confidential consultation, simply reach out.