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.

Child Support & Alimony - A Bill to Watch in the 2012 Florida Legislature

 

Image via Wikipedia

There is a big alimony reform bill pending in the 2012 Florida Legislature. This post is about a smaller bill which affects alimony and child support and motions for contempt that is aimed at the clerks of court. Senate Bill 1166 has a few interesting parts:

 

Requires the Lottery Commision to check to see if winners of more than $600 owe child support (and alimony if the child support is being collected by the Florida Department of Revenue. (page 5).

Waives the reopening fee paid to the clerk when a motion for contempt and enforcement or an uncontested child relocation case is filed (p. 16-17)

Requires court fees be paid when the case is filed (Does this mean  no more payment plans??)

It's always interesting to see the proposals made in the legislative season. Stay tuned to see what ends up being passed by our Florida legislature.

 

Top 10 Mistakes Divorcing Parents Make

According to a survey conducted by the American Academy of Matrimonial Lawyers (AAML), the ten top mistakes that parents with children make during divorce are:

1.  Bad-mouthing the other parent
2.  Using the child as a messenger
3.  Interfering with timesharing of the other parent
4. Sharing intimate details of the other spouse's infidelity and behavior
5. Failing to pay child support; inadequately supporting the children
6. Immediately introducing the child to the parent's new love interest
7. Moving the child as far away as possible from the other parent
8. Listening to the child's conversations with the other parent
9. Having the child read all of the legal pleadings or having them contact the attorney
10. Having the child request money from the other parent

If you are making any of these mistakes, please stop. If you don't know how to stop, get some professional advice from a parenting coordinator, counselor or therapist. Your kids didn't choose this divorce. It's up to you to get them through the divorce with as little damage as possible.

My DIY Divorce Crash Course helps you avoid parenting mistakes and costly financial mistakes. It contains everything you need - advice on how to tell the kids to the new florida alimony laws to all the necessary court forms. The Crash Course also includes the comprehensive Florida Parenting Plan. Save time and get all your Florida DIY Divorce information in one place - my Crash Course on FLorida Divorce.

Does Sole Parental Responsibility Matter in Florida Child Relocation?

 
In Florida, unless your final judgment specifically says that your sole parental responsibility authority includes choosing the child's residence (not common), the decision-making part of parental responsibility has nothing to do with whether you must follow the relocation procedure in Florida.

That's because in Florida divorce and paternity cases, there are two aspects of what people usually call "custody." The first is what we now call "timesharing" - who is entitled to spend which days or weeks with the children. The second part of Florida custody law is called parental responsibility. 

Parental responsibility has to do with how parents make decisions about day-to-day child activities as well as major decisions in such areas as surgery, driving privileges and the like. In Florida, courts award shared parental responsibility unless one parent is detrimental to the children. In cases where the judge finds that detriment exists, she can award sole parental responsibility. Sole parental responsibility means that one parent has the authority to make child-related decisions without consulting the other parent.

What triggers the procedures of Florida's child relocation law, Florida Statute 61.13001, is whether there is anyone entitled to timesharing. If the other parent is entitled to exercise timesharing, the procedures of Florida's child relocation law must be followed if the child will move more than 50 miles away.

Related Posts

8 Changes to Florida's Child Relocation Laws in 2009

Does Everyone Want to Leave Florida?

Can She Just Move the Kids After Divorce?

Florida Relocation: Parenting Factors the Judge Will Consider

Child Relocation: Can She Just Move After the Divorce?

 
Florida passed laws to spell out what is required before you can move a child after divorce. Known as the "Child Relocation Law," Florida Statute 61.13001 requires that the non-moving parent agree to a relocation or the parent who wants to move must file a petition and ask the court for permission to move when the move is more than 50 miles. Even when there is a agreement, the law requires it be written and approved by the court. So, the short answer is no, he can't just move away and take the children.

The Florida Child Relocation Law applies to all Florida divorce judgments unless there is another relocation provision in your final judgment. The Florida divorce laws also prohibit a move, unless there is an agreement or court order, once the divorce case is filed with the court. So as long as there is a final judgment, temporary order or the divorce case has been filed with the court, she can't just move and take the kids.