Child Relocation Services In Palm Beach, Florida
Get Started With A Family Law Firm With Experience In Child Relocation Cases
According to Florida child custody relocation laws, a parent may not permanently relocate with a minor child to a location more than 50 miles from his or her principal residence unless the other parent consents in writing or the Court allows the relocation. A move is considered permanent after 60 consecutive days.
In the past 15 years, there has been a great deal of change in laws pertaining to relocation. As the Courts have increasingly favored equal time-sharing between divorced parents, they have increasingly disfavored relocation of minor children. Presently, however, the statute provides no presumption favoring or disfavoring relocation.
Lives change. Circumstances change. To learn how child location affects you and your family – and how modification factors in – contact John F. Schutz, P.L. today.
What factors does the Court consider in relocation?
The overriding factor in relocation is the best interest of the child. The Court will evaluate all relevant factors to the relocation, including the nature of the party’s current involvement with the child, the age and developmental stage of the child, the basis for seeking or opposing the relocation, how the relocation will affect the relationships with the minor child, the enhancement to the child’s life due to the relocation, and the career opportunities of the parties. These are just some of the factors the Court will focus on in considering a relocation, so if you have a particular circumstance that you believe warrants a relocation, please contact us.
If one of us relocates, is there a model out-of-state timesharing schedule for us to follow?
Palm Beach County offers a model out-of-state timesharing schedule. However, the schedule is just a suggestion; the Court or the parties by agreement can determine an out-of-state timesharing schedule that is in the best interest of the child given the specific circumstances of your case.
If I relocate, who is responsible for transportation costs?
If there is a relocation, the Court must specify how the transportation costs of the parties will be allocated. The Court may adjust the child support award taking into consideration the transportation costs and the respective net incomes of the parties. The court is authorized to consider whether the costs of transportation for visitation are affordable to the parents in relocation cases and to make appropriate adjustments.
If my Ex moves away with our children, do I have grounds to file for a modification?
It depends on the nature of the move and the terms of your prior agreement. Florida law requires certain notice requirements if a party is seeking to relocate the children more than 50 miles away. However, the distance of the move is not the only basis for a modification. If there is a substantial change in circumstances and the move is not in the best interest of the minor children, this could provide grounds for a modification.
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