Boca Raton Divorce Lawyer Blog

In 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.

Florida, 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.

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.

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.