When parents are not divorced yet, can one parent move with the children out of Florida?
Judges are aware that repeated change can be difficult for children, and will maintain the status quo whenever possible. If the children have remained in the family home during a divorce, the parent who lives there with them can argue that changing this arrangement will be too disruptive, while the parent who moved out will object to being penalized for leaving when it was in the children’s best interests to reduce conflict in the home. Parents can avoid this argument by creating a written parenting agreement before one of them moves out, establishing a parenting schedule and agreeing that the parent who moves isn’t giving up any rights by doing so.
If the parents can’t reach an agreement, the parent who moves out but wishes to have significant parenting time must ask the court to establish a shared parenting schedule. The earlier this can be accomplished, the better, so that shared parenting becomes the new status quo.
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