DIY Divorce in Florida

Relocation - How Do You Measure the Distance?

In Florida child relocation cases, we didn't really have an answer to the question of how to measure the distance until recently. The 5th District Court of Appeal answered the relocation distance question in a case named Tucker v. Liebknetcht.

The parties entered into a mediated parenting agreement in a paternity case. (The same parenting plan law is used as in divorces). The agreement contained a common provision:

Relocation

If the parent that the child lives with the majority of the time intends to relocate more than 50 miles from the present home, the parent must obtain permission in writing from the non-residential parent or obtain a prior Court Order of Approval.

This is similar to the relocation language used in Florida Statute 61.13001:

“Relocation” means 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.

Back to our case:

The mom wanted to move to a location that was within 50 miles "as the crow flies," but more than 50 miles of driving. Even though it seems to make sense that driving distane should be the measure, the court disagreed.

The 5th district court stated that, "   the general rule is that distance should be measured along the shortest straight line, on a horizontal plane and not along the course of a highway or along the usual traveled way." The court quoted another case for support: "To suggest that the distance should be calculated by some circuitous pedestrian route would be a tortuous reading of the statute that would violate its plain intent and meaning."

Isn't the real reason for the 50 mile limit so that children are not subjected to excessive travel in order to spend time with the other parent? Even with a 50 mile limit, kids can spend an hour or more in the car travelling. So the moral of the story is to be very specific in your agreements. If you want to measure by driving distance, specify that way of measuring distane. That way, if there is a relocation petition filed in the future, you won't have to spend a year or more arguing over how to measure the distance if a parent wants to relocate in Florida.

Transitions Between Homes Can be Easier for Your Child

Many clients complain that the children do not want to visit the other parent. Through the years I've heard this complaint a lot. And I'm going to be blunt here.... it is usually due to your actions, conscious or not.

Kids are like little sponges and they absorb what you give off. If you are tense and worried about the time your child will spend with the other parent, your child is likely to become tense and worried too. Some kids even try to avoid going to the other parent's home because they are worried about you being alone. That is not their job - you are the parent.

Think about how you can create a peaceful transition for your child.  How can you prepare your child for the upcoming time sharing so that it is a stress-free experience? Here are some suggestions from Ellen Kellner, author of The Pro Child Way:

• Avoiding interruption and encourage being prepared: remind your child of upcoming visits—make this a continual cycle of conversation.  Use positive words and smile. 
• As the visitation time approaches match your actions to your reminders.  As you tuck your child

Hurricane Planning & Your Parenting Plan

Hurricane Checklist: Plan to Stay Connected

There are a months until the start of hurricane season. Although 2010 was a relatively mild hurricane season in Florida, you should not become complacent. Anyone who lived here in 2004 and 2005 knows how quickly our luck can change and how powerful and devastating a storm can be.

Throughout hurricane season we discuss preparing an emergency kit, planning for your pets, and planning what to do after the storm. But have you thought about having a plan for your cell phone?

Be sure you have a “Hurricane Phone." It's a good idea to have a wireless phone on hand and at least one corded, landline telephone that is not dependent on electricity in case of a power outage. Cordless telephones usually have receivers that are electrically charged, so they won't work if you lose your power.

Program all of your emergency contact numbers and e-mail addresses into your mobile phone. Numbers should include the police department, fire station, hospital and your family members.

Keep your wireless phone batteries charged at all times. Have an alternative plan to recharge your battery in case of a power outage, such as charging your wireless device by using your car charger, or having extra mobile phone batteries or disposable mobile phone batteries on hand.

Keep your wireless phone dry. The biggest threat to your device during a storm is water, so keep your equipment safe from the elements by storing it in a baggie or some other type of protective covering.

Forward your home number to your wireless number in the event of an evacuation. Because call forwarding is based out of the telephone central office, you will get incoming calls from your landline phone even if your local telephone service is disrupted at your home. In the unlikely event that the central office is not operational, services such as voice mail, call forwarding, remote access call forwarding and call forwarding busy line/don't answer may be useful.

Use your wireless device to track the storm and access weather information. Many homes lose power during severe weather. If you have a wireless device that provides access to the Internet, you can watch weather reports through your mobile device. For more hurricane and disaster tips, visit www.MyFloridaCFO.com.

SOURCE: The AT&T Web site and updated (April 2009) Seasonal Forecast issued by Colorado State University forecasters Philip Klotzback and William Gray.

Keep in mind how you will contact your children after a hurricane or other disaster after the divorce. I highly recommend making a disaster plan within your Florida Parenting Plan.

Anti-Vaccine Mother Loses Health Care Decision-Making Responsibility

Ultimate parental responsibility can be awarded over specific areas of a child's life such as health care, religion or education. While shared prental responsibility is preferred by the laws, one parent can be awarded ultimate decisionmaking authority when it is in the child's best interest.

In a case from the Fourth District, the trial judge took it a step further and found that the mother's anti-vaccine stance, based on her religious beliefs, presented a harm to the child. There was conflicting evidence prersented to the trial judge. Considering the controversy that surrounds vaccinations, this cse is a stunning blow to parents who want to observe alternate health practices (including single shot vaccinations).

Florida Child Support Changes

With the 2010 changes to the Florida child support law, child support orders now provide that support terminates on the child’s 18^th birthday. There are two exceptions:

•    The child has been legally emancipated by court order

•    The parents agree on a different termination date

This is a significant change because the new law deleted the extension of child support until the high school graduation so long as it was expected before the 19th birthday. This does not mean that you can agree to end child support BEFORE the child turns 18.

In any event, for children who will continue in high school past their 18^th birthday, your Parenting Plan must be clear if you will extend support payments through graduation. There are simple ways to work around this change and continue to provide support through high school. We've taken care of that for you in the DIY Divorce Parenting Plan.  

Stay tuned - there are even more changes to Florida child support coming on January 1, 2011. Subscribe to our RSS reader (over there on the side) to be notified of new posts on the DIY Divorce in Florida blog.