Many parents try to remain in the same area after a divorce, but sometimes it’s just not possible. Perhaps a parent is offered a better-paying job in a different city or must relocate to care for an aging relative.
The divorce attorneys at The Law Offices of Travis R. Walker, P.A., in Stuart, Florida, understand the challenges when one parent needs to relocate long-distance. Our experienced family law attorneys can guide you through creating a long-distance parenting plan in Florida that prioritizes your child’s well-being while protecting your parental rights.
What Is a Long-Distance Parenting Plan?
Florida law requires any divorced couple with minor children to negotiate a parenting plan. Under Florida Statute 61.13001, the couple must negotiate a long-distance parenting plan when a parent moves 50 or more miles from the child’s principal residence—either in or out of state.
A long-distance parenting plan helps divorced parents manage the distance between them so that the minor child can maintain their relationship with the non-custodial parent.
According to the Florida Supreme Court, a long-distance parenting plan must identify:
- Which parties will be responsible for which daily tasks related to child-rearing
- A schedule breaking down the time minor children will spend with each parent
- Who is responsible for making decisions, especially relating to health care and school matters
- Communication schedule and methods
- Transportation for time-sharing
What Are the Responsibility Options for a Long-Distance Parenting Plan?
One of the first steps in creating a parenting plan is determining each parent’s decision-making authority. For a long-distance parenting plan, there are three parental responsibility options.
Shared Responsibility
Florida favors shared responsibility because two actively engaged parents tend to be in the child’s best interests. Parents must work together to agree on all major issues regarding their children, regardless of who has the most custody.
If the parents cannot agree, a trial court will resolve the issue.
Shared Responsibility with Final Decision-Making Power
Similar to shared responsibility, both parents should work together to agree on major decisions. If they consistently can’t agree, the court may award one parent with final decision-making power.
Final decision-making power is not all-or-nothing—it can be limited to specific topics. For example, if one parent is a doctor, they may be awarded final decision-making power for medical decisions.
Sole Responsibility
In this parental responsibility option, one parent receives full decision-making authority. This arrangement often results when the court deems one parent is unfit and granting them decision-making power would not be in the child’s best interest.
What Other Factors Should You Consider When Making a Long-Distance Parenting Plan?
Your long-distance parenting plan must address more than just responsibility options. A strong long-distance parenting plan will include factors such as extracurricular activities, school schedules and holidays, and communication between the child and both parents.
Extracurricular Activities
Many children participate in extracurricular activities such as sports, music lessons, or school clubs. The long-distance parenting plan outlines who will register the child for these activities, pay the associated costs, and provide transportation to and from events.
School Schedule and Holidays
When a parent lives more than 50 miles away, schedules during the school year can be difficult to manage. Parents should make every effort to schedule visitation in a way that doesn’t negatively impact a child’s school experience.
The plan must explicitly address holiday schedules. Some parents may prefer to have the same holidays year after year, while others will prefer to alternate.
Long-distance parenting plans should also lay out the transportation method and associated costs for visits. When considering transportation options, consider the type of travel involved and its safety for the child’s age. A teenager can hop on a plane to spend a week with a parent a few states over, but airlines will not allow a toddler to fly unaccompanied.
Communication Between Child and Parents
The long-distance parenting plan should detail who can speak to the kids, when, and how often. The document should explicitly outline the communication methods—phone, video chat, etc.—to keep lines of communication open between the child and the parent they are not currently with.
What Is the Best Way to Negotiate on a Long-Distance Parenting Plan?
Ideally, parents should negotiate a long-distance parenting plan outside of court. Going to court to negotiate a long-distance parenting plan is risky. The law authorizes judges to determine the child’s best interests, giving them the power to compromise a parent’s rights.
If talking one-on-one causes too much conflict, you can work with a mediator. A mediator is a third-party negotiator who facilitates communication and keeps everyone on task to produce an agreement.
If the parties cannot agree on a long-distance parenting plan, the parent seeking relocation must file a petition to relocate with the court. The judge will then determine a plan that serves the child’s best interests.
What Are the Penalties for Breaking a Long-Distance Parenting Plan?
When a court approves the parenting plan, it will issue a court order. A court may impose penalties for violation of a long-distance parenting plan, including the following:
- Require a parent to take a parenting class
- Require a parent to pay the other’s attorney fees
- Require the parent to pay travel expenses to return the child
- Award extra time to the wronged parent
- Reduce parenting time of non-compliant parent
- Order the non-compliant parent to pay a fine
- Order community service
Violations of a long-distance parenting plan include missing scheduled communication or being late for pick-up or drop-off.
Examples of Long-Distance Custody Schedules
When determining a long-distance custody schedule, consider the child’s age and maturity. Younger children need more regular contact with both parents to establish relationships, while teenagers may find more frequent visits interfere with their social lives, work schedules, and extracurricular responsibilities.
Here are a few common schedules parents might choose.
Visiting Every Weekend
If the distance is manageable, a custody schedule that allows for visiting every weekend allows the non-custodial parent the most time with the child.
Unfortunately, the primary parent in this schedule never has weekends, and the number of exchanges may be difficult to manage. It can also negatively impact a child’s ability to participate in weekend extracurriculars, such as playing on a sports team, which often has practice during the week and games on weekends.
Visiting Every Other Weekend
Some long-distance parents opt for an every-other-weekend custody schedule. This schedule doesn’t interrupt school schedules and provides regular contact for the non-custodial parent.
However, the non-custodial parent does not have equal parenting time as the custodial parent.
Visiting One Weekend Per Month
This custody schedule involves the child visiting the non-custodial parent one weekend per month. For consistency’s sake, it’s usually the same weekend each month, such as the first weekend.
This schedule is less logistically challenging than more frequent visitation schedules, but it gives the non-custodial parent less parenting time. However, it doesn’t interrupt school and can reduce a child’s time away from friends and extracurriculars, which may be preferable in some cases.
Weekend Visit Every Other Month
For situations where travel may be too expensive to manage every month, a weekend visit every other month may be the best option. It reduces travel costs and time but severely limits the non-custodial parent’s parental time.
Week-Long Visit Every 2 to 3 Months
For longer distances, a week-long visit every two to three months may be the best option. This arrangement allows the non-custodial parent to have a longer block of time with their child but minimizes their overall parenting time. It also may be difficult to implement during school months when there aren’t frequent week-long breaks.
Experienced Family Law Attorneys Can Help Create a Long-Distance Parenting Plan
If you need help creating a long-distance parenting plan in Florida or modifying an existing plan due to a move, contact The Law Offices of Travis R. Walker, P.A., today for a free consultation. Our experienced family law attorneys have experience crafting long-distance parenting plans and helping you navigate all areas of your divorce.
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