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May 01, 2010

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Pamela S. Wynn

Requiring the children to return is one of the options the court will have.

The statute allows child support to be adjusted to consider the extra travel expenses.

Pamela S. Wynn

There is a list of factors in the statute (FS 61.13001) including a catchall "any other factor" that is relevant. Search on this blog because there are articles about the factors and procedures for relocating.

Bill

Is anything else taken in to consideration when the court decides if the person wanting to re-locate can?? Such as the fact that the mother moved the children away from thier home (and father) in CO to FL during the divorce. the Father is military and cant just up and move, but after vountarily deploying to get his pick of orders, orders cancelld, new orders to FL, order cancelled, and FINALLY new order AGAIN to FL just to get to FL and find out his command is decommissing and may have new orders to move away from FL with in 6 months and had to go through the whole process again just to stay in FL to be in the same city as the kids, the mother decides that 7 months after the father moved here after all of that, she wants to move the kids 153 miles away!!!!! WHY? because her new husband got a job and thats where HIS kid lives.... and she thinks this is completly within her rights and the best interest of the children! What rights does the father have???????

Todd

My wife moved to California in February 2010, and her ex is now fighting the relocation, nearly three years later. She and I are now married, and the kids have lived with me for 2.5 years. Will the court require her to move back within 50 miles? He says he won't fight the relocation if she lowers child support considerably. Basically, he is trying to sell the kids.

Pamela S. Wynn

New court decision from the 5th District Court of Appeal - measure it "as the crow flies" Here is a link to the opinion.

http://scholar.google.com/scholar_case?q=Tucker+v.+Liebknecht&hl=en&as_sdt=2,10&as_vis=1&case=1629494170877010820&scilh=0

Pamela S. Wynn

The last time I checked there were no interpretations of how to measure the distance but one of the key factors is how the move impacts the quality of time kids spend with the other parent.

MSR.B

My husband's ex wants to move about 50-60 miles away - depending on what route you take. The closest mileage I can estimate is 50.7 miles - but that is with toll roads. Non toll roads it is almost 60 miles away.

How do you figure out the radius? None of the children want to move and she is refusing to cooperate with any information regarding when she would be moving and won't even consider an alternate time sharing plan. My husband does ALL the transportation - and they were divorced in 08/2012 with just a general non contested divorce paperwork provided by the clerk of courts. We have one car - and a new baby - it would be over a 2 hour round trip drive to get the children - and on Saturdays he only has them from 8am-6pm every other weekend and then friday-sunday 6pm in between - this would severely impact his timesharing.

Can she do this?

Pamela S. Wynn

Phil, it sounds like you have an order with the older language - from when the law required one parent be a "primary residential parent" even if the time split was equal. The law requires either of you to get an order or an agreement approved by the court if you want to move more than 50 miles.

Phil

I have shared custody of my daughter, with the mother. We have a rotating schedule with our daughter. My daughter is with me one week and then with her mother the next and it alternates back and forth like this throughout the year, the only exception being holidays that are also alternated. The order states that although we have shared custody our daughter will primarily reside with myself, the father. If a child is living with each parent 50% of each year I don't understand "child will reside primarily with the father" is there some benefit to myself and or my daughter because of this language in the court order? Does that wording mean that I'm the one that would need court approval to move more than 50 miles? If I would need court approval to move more than 50 miles where is the starting location? Meaning, do I have to stay within 50 miles of my current residence or within 50 miles of the mothers residence?

Becky White

I am moving within the fifty miles but my degree states we must cooperate on all matters reasonably with one another in health,education, so does that mean my move has to discussed with my ex because there school will be changed to a better one ?

Pamela S. Wynn

The Relocation Law applies to all orders regardless of whether it was a divorce or paternity case.

If you need to know how the law applies to your situation, you'll need to get a consultation with an attorney. This site can only provide general legal information.

need to move

hi, the father and i were never married. we have a final judgemnt of paternity which i am listed as the sole, and no visitation is listed. the only visitation is under a injunction, which states i have 100% timesharing and he has limited timesharing. what do i do? i have a job offer out of state and unemployed here in fl.

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