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After a divorce, the custodial parent may decide to relocate to another state. This may cause issues with the current child time sharing plan, as it makes it very difficult for the other parent to spend time with their child, creating an unfair and unhealthy situation for the children involved.
There are many elements to take into consideration regarding the process of relocation and its effect on your children. Details of the new proposed child custody arrangement and several other factors include: the reason for the move, how the move will improve or harm the quality of life of the children, how it will affect the children’s relationship with the other parent, and whether alternate timesharing arrangements are feasible.
This situation requires a court approval if the relocation is over 50 miles away from their residence at the time of the establishment of the original child custody order. The other parent must write an agreement permitting the parent to relocate, which must be endorsed by the court. However, if the other parent does not approve of the move, it is much more difficult to get court approval of the relocation. We at Winig Law can help with your child relocation case, and help achieve the best outcome for both you and your children.
What is Relocation?
Relocation is a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.
How can I relocate with my minor child(ren)?
Pursuant to Florida Statute 61.13001, unless the parties can agree in writing, the party seeking relocation must file a petition with the Court.
There are many elements to take into consideration regarding the process of relocation and its effect upon your children. Contact Winig Law today to help you achieve the best outcome possible in your relocation case.
Family Law Lawyer Steven L. Winig, Esq. is a member of the Palm Beach County Bar Association, and is licensed to practice before all
Florida State Courts, as well as the United States District Courts for Southern and Middle Florida.
Winig Law routinely handles cases throughout Palm Beach County including West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Wellington,
Jupiter, Palm Beach Gardens, Greenacres, Lake Worth, Royal Palm Beach and surrounding areas.
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The Winig Law Firm, P.A.
1615 Forum Pl, Suite 3A