Long Distance Parenting Plan Forms

by Anonymous from Orlando, Florida, Orange County

Are there any long distance visitation guidelines in place for Orange county, Florida?

I am a non-custodial parent, and am moving out of state.

I am trying to negotiate with my ex about modifying our current visitation schedule due to the move.

I have made different requests for summer visitation, however she will only agree to 5 weeks in the summer and that amount is what our visitation schedule had when I was in Florida. I want to be reasonable, and wanted to know what the court would follow.

Answer to Florida Child Visitation Question

Dear Anonymous,

There are no set guidelines.

The court tries to be fair to all parties; and to act in the best interests of the children.

My suggestion is, if you and your ex-wife cannot come to an agreement, is to file a Supplemental Petition to Modify Child Custody/ Time-Sharing Schedule and Other Relief; and along with that a proposed Parenting Plan.

These and other family law forms can be found on the Supreme Court's website, at www.flcourts.org. Have a look at our web-powered instructions page for the Parenting Plan forms. And the Supplemental Petition to Modify Parenting Plan, Time-Sharing Schedule, and Other Relief, Form 12.905(a).

Read the instructions carefully, as there are other forms that must be filed along with these. It is reasonable to presume that a visitation schedule must be changed when one of the parents is moving out of state.

Many visitation schedule include every other weekend visits; visits during the week. And other times that become impractical when there is more geographic distance than across town. As the instructions for the Supplemental Petition state, your basis for filing the petition is "changed circumstances".

The changed circumstances can be yours, the child's, or your ex's. It seems to me that a move out of state is most definitely a change in circumstances. Your personal reason for moving out of state may have some bearing.

For example, if you are moving out of state to accept an offer of employment, then a judge may be more sympathetic towards changing the visitation schedule to meet your needs. On the other hand, if you are moving away for a less important reason, the judge may not be quite as helpful.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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