Before you sign any agreement regarding your rights in a child custody and timesharing situation, it is important to understand fully exactly what you are agreeing to do. If the terms of an agreement include provisions that clearly encompass a move out of state, you may very possibly not be able to contest that out-of-state move later. In other words, always know before you sign. An experienced Florida child custody attorney can advise you on your rights and the relative benefits and disadvantages of any potential agreement.
The dispute between Emmanuel and Laurie was one that involved a cross-country move. The couple was married in 2011 and separated in 2015, and the wife filed for divorce in 2017. The pair had one child together. While the divorce case was still ongoing in the Florida court system, the mother, without a court order or any notice to the father, decided to move, relocating the child and herself from Florida to Michigan.
The father went to court to protest this unilateral decision regarding the child’s living arrangements. Eventually, the parents reached a mutual agreement, agreeing to leave the child in the mother’s custody pending the outcome of a mediation. They also agreed for the father to have one month of visitation during the summer, as well as a period of visitation during winter break. The agreement made it clear that, if the two parents could not reach a permanent agreement during the mediation, the father retained his rights to argue in court about the custody and timesharing issues.