It is important to note that any modification to a determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be achieved without a showing of a substantial, material, and unanticipated change in circumstances. In addition, the modification must be in the best interests of the child. In a recent case in Moore v. Mcintosh, 39 Fla. L. Weekly 78a (Fla. 1St DCA 2014), the 1st DCA held that relocation does not itself constitute a substantial change in circumstances to warrant modification of a time-sharing agreement. The court cited several cases in which relocation did not constitute a substantial change in circumstances.
In Moore, the parties had entered into a marital settlement agreement which specifically stated that the parties anticipated to reside in close proximity to one another and in the same school district. Then, both parties relocated to different cities. The Court held that