Articles Posted in Relocation with minor children

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The state of Florida and particularly South Florida, is a melting pot of many diverse individuals from all around the world.

Due to the great diversity of people, you frequently see many Americans marrying people from foreign countries. When these couples have children, divorce can bring about some serious issues regarding the stability of the minor children.

Divorce frequently creates a considerable amount of anger between the parents, and the minor children are often times used as pawns by the parents.

In happier days, family trips abroad were generally wonderful experiences for the family and particularly for the children. Now that a divorce proceeding has commenced, just the thought of a minor child traveling abroad with one of their parents can send shivers up the spine of the other parent.

Parental kidnapping is a real event and it happens every day across this country. Just the other day a child was recovered in Mexico, after having been unlawfully removed from central Florida to that country by her father. This is the story of Cara Cox, as reported by CNN.

These kinds of situations can be prevented, but early action and intervention is required. Passports for children should be promptly removed from the control of a parent who has ever made a threat about kidnapping. Any threat should be considered “real”,
If a parent refuses to surrender a child’s passport, you should seek immediate relief from the court for a turnover of the passport. Additionally, a court order for supervised visitation or time sharing should be considered if the facts support that relief.

Immigration should also be alerted and put on notice of the potential threat.

There are state and Federal laws designed to assist in the recovery of children taken abroad unlawfully. An example is found in the provisions of the Hague Convention, which purpose is to foster cooperation and assistance from foreign countries in returning children.

These laws can be complex and tedious, and could take years to implement and enforce.

The better course of action is to be preventive, and take all immediate precautions as the circumstances warrant. Be proactive, and trust your gut feelings. .

Contact a Florida Family Law Attorney for Help

Family laws and court precedents can change on a regular basis. If you have any family law matter or concerns, you should always consult with a family law attorney who is familiar with Florida law and keeps up to date on any new changes. If you are facing divorce or any other issue in Boca Raton or Fort Lauderdale, do not hesitate to contact experienced lawyer Alan R. Burton for assistance today.

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Under Florida law, minor children are not permitted to move more than 50 miles away from their current residence, unless written consent is provided by a parent, or by court order.

An interesting situation arises when a minor child wishes to attend a private school in a out-of-state location. The obvious question becomes whether or not the attendance at this new school would be considered a relocation, thereby requiring the parent to comply with Florida Statute 61.13001.

The answer to that question was recently addressed in the case of Blakely v Blakely, 38 Florida Law Weekly D2170c. In that case the court deemed the attendance of the child at an out-of-state high school to be an educational decision for the child and not one of relocation, therefore the relocation statute in Florida was not applicable.

This analysis of the law was also set forth in the case of Young v Hector, 833 So2d 793, 794 (Fla. 3d DCA 2002).

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Moving from the state of Florida with minor children without permission can have serious consequences. The rules for relocation from the state of Florida are found in Florida Statutes 61.13001.

If the “stay behind” parent consents to relocation, make sure that consent is given in writing. stock-photo-18805289-boarding-pass.jpg If consent is not given, relocation must be initiated by the parent seeking to relocate, by filing a petition in the Circuit Court that currently has jurisdiction over the parties.

The petition must include a substantial amount of information, including the complete address of the intended new residence; telephone numbers, the reason for the requested relocation, and if for employment purposes, should include a copy of the employment offer.

The petition must be served on the other parent, who is afforded a twenty day period to respond to the petition.

The case then follows a process similar to the initial divorce case. Both sides gather their “discovery” and prepare for trial. The trial judge will have to consider what is in the best interest of the children that are involved in the proceeding. This is not an enviable task for the judge, who obviously must make a very difficult decision.

Whether you are seeking to relocate, or are opposing a relocation case. you should be represented by an experienced and qualified attorney, one who frequently is involved with relocation cases. Boca Raton attorney Alan R. Burton has been extensively involved in relocation cases, and he can provide you with invaluable assistance in these types of cases.

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Time haring with minor children in Florida is keeping up with technology. As a matter of fact, there is a specific statute in Florida that deals precisely with this issue.

Florida Statute 61.13003 is titled as “Court ordered electronic communication between a parent and a child.

This type of communication can be ordered by the court when the situation is appropriate. Some of the court ordered factors that are considered are whether it would be in the best interests of the child; whether or not the electronic equipment is readily available and affordable to the parties involved; and any history of drug use or domestic violence involved in the case.
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Notwithstanding anything to the contrary, there is a rebuttable presumption that telephone communication is in the best interests of a minor child. None of this is , of course, designed to take the place of face to face time sharing and contact; it is designed to supplement the contact.

Frequently electronic communication issues arise in the context of relocation cases. Having years of experience in trying many cases in Boca Raton, Fort Lauderdale, and Broward, and Palm Beach County, Florida, you can rest assured that you will have a competent lawyer to represent your interests.

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The divorce process becomes more complicated when there are minor children involved. This is especially true when one parent wishes to relocate.

Relocation with minor children in Florida is governed by Florida Statute 61.13001.

If a parent wishes to relocate from south Florida cities such as Boca Raton, Delray Beach, Fort Lauderdale, or from anywhere else in Florida, they must comply with Florida Statute 61.13001 if the move is more than 50 miles from their current residence.

The easiest way to comply with the statute is to obtain the written consent from the non-relocating parent, If that consent will not be given, you will then have to file a petition for permission to relocate. The petition is filed in the County that granted the initial divorce decree.

These cases are factually intensive, and each individual case will be heard on its own merits. Some of the relevant factors for the court to consider is whether or not child support is being paid and whether or not it is current; the reason for the requested move; whether or not alternate time sharing arrangements can be made, and who will be paying for those addidtional expenses.
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Relocation cases are important. Do not take them lightly or for granted. BE PREPARED! Feel free to call me if you have unanswered questions about the process, or whether you require any assistance in your quest to either relocate or to defend against such a proceeding.

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Relocating with minor children involves the consideration of many factors by the court.

Although there are many factors involved in this process for the court to consider, the primary factors often become the extent of the involvement of the non relocating parent, the payment history of any child support obligation, and of course, the reason for wanting to relocate.

If relocation is premised upon a good employment opportunity, the chances for a successful petition are increased.

Relocation comes into play when a parent wishes to move more than 50 miles from their current residence.

These types of cases can be difficult, and there is usually very little room to negotiate a settlement, as they are often “all or nothing” types of cases.

The court will require a well organized, thought out presentation, of all of the statutory factors for relocation, as set forth under Florida Statute 61.13001.

The Florida relocation statute also offers a rare opportunity for those who avail themselves of the section of the law, not frequently encountered under the law. That is the opportunity to get a quick, expedited hearing, usually within 30 days from the date a request is made.

Consult with an attorney like myself, who has substantial experience in these matters. You usually have one opportunity to put your best foot forward, so you want to reduce your risks of making any mistakes.

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1064682_airbus_a380.jpgIn today’s economy, we see more and more people struggling to find employment. As a result, people are searching over a broader market area then they would normally be looking at, and as a result, more employment opportunities become available to individuals in other states.

This brings up the ever difficult decision a trial judge must face when a parent seeks to relocate with the minor children to another state, or to a new residence that is a substantial distance from their current residence.

Most frequently this situation will arise due to new employment opportunities that may be available to one of the parents.

Relocation of minor children is governed by Florida Statute 61.13001. The provisions of this statute will be applicable whenever a parent wishes to relocate from their current residence, and if the new residence is more than 50 miles from the current residence.

The consequences of not complying with the provisions of the statute could lead to some rather unpleasant consequences for the relocating parent, so it is extremely important to have a clear understanding of all of the provisions of that statute.

There are not only important factual considerations for the court to consider, but procedural ones as well. The petition that is filed, which seeks the ultimate grant of permission to relocate, must contain specific information, including the address of the proposed new residence, the new telephone number, and all the appropriate information regarding the new employment offer. There must be specific warnings to the other parent, in bold type, of the consequences they could suffer by not timely responding to the petition.

If anyone has had any prior experience with the judicial system, the have probably discovered that the judges are busy, and that it takes an extended amount of time to resolve issues that are pending before the courts.

What happens then, if an employment opportunity must be acted on promptly and access to the courts would not be swift? There is a remedy provided under the statute for this very situation.

Under Florida law, if you file a motion seeking expedited relief, for permission to relocate on a temporary basis while your petition is pending, you are entitled to a hearing on that matter within thirty (30) days of filing that request. What I do as a matter of course, is to file that motion right along with the petition, and obtain that hearing very quickly.

These types of cases require close attention to all the details, since the court is guided as to what will be in the best interests of the children. The proper presentation of the relevant evidence and documentation to support the claim for relocation can only increase the likelihood of success in these proceedings.

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airplane desktop.jpgFlorida, and in particular south Florida, is suffering from the economic downturn experienced by the rest of the country. Foreclosures are at an all time high in Palm Beach and Broward County; families are losing their homes at an unprecedented pace.

This situation makes relocation a very real possibility for many families after divorce. Single parents are looking for better opportunities for themselves as well as for their children. As a result, trial judges are dealing more frequently with the very difficult issue of relocation. Relocation cases are extremely difficult since most often times there is little to negotiate and there is no room to compromise. One parent wants to go, while the other would prefer that his or her children remain in close proximity.

Relocation cases must be dealt with when the issue arises; it is not appropriate for the court to consider a relocation case today when the anticipated move will occur sometime in the future. See Sylvester v. Sylvester, 992 So.2d 296 (Fla 1st DCA 2008).

The law on this issue is supported by substantial case law. When a cause involving child custody is presented to the trial court, “the trial court is required to make a final determination on that issue at that time.” Martinez v. Martinez, 573 So. 2d 37 (Fla. 1st DCA 1990).

The court in the Sylvester case made it very clear that it would not be appropriate for a trial court to look into its crystal ball and determine whether relocation would be in the best interest of the child at some time in the future. The proper cause of action is to determine whether relocation is presently appropriate and consider future relocation based on the circumstances existing at that time.

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Skype is rapidly becoming the tool of choice for many family law judges throughout south Florida, Boca Raton and Fort Lauderdale.

Relocation cases involving minor children are not uncommon in South Florida. Relocation can occur for a multitude of reasons, but most frequently relocation with minor children occurs due to job transfers and other employment related issues.

Florida Statue 61.13001 deals with relocation of children. The court is required to consider the statutory factors listed in the statute when deciding if relocation would be in the best interest of the minor child or children.

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One of the statutory factors deals with substitute arrangements for continuing contact. Section 7 (c) of the statute reads as follows:

(c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.

Boca Raton Divorce lawyer Alan R. Burton frequently deals with this issue with relocation cases, and has found that many judges have readily adopted and embraced Skype as part of their rulings and orders.

Skype, for those of you who are not familiar with it, is an on line program that provides for video communication between parties. All you need is a computer, a webcam, and the Skype software downloaded on your computer. You register and are good to go.

Skype is just one example as to how technological advances can assist your clients in their quest for relocation. Although it is not the same as being physically present with your children, Skype does offers a viable and significant option.