Relocation Following Boca Raton Divorce
For many newly divorced Boca Raton residents, the end of marriage signifies the start of a new life. And for some, that means starting over outside of Boca Raton, or perhaps even out of Florida. Whether the decision to move out of state is the desire for a clean slate, a job opportunity for you or a new spouse or simply the desire to be closer to out-of-state family, there could be one big obstacle standing in your way - a child custody agreement. If you and your ex-spouse have children, can you move out of state and take the children with you, and how will that affect the time-sharing plan?
Petition to Relocate from Boca Raton
If you want to relocate with your children following a divorce, you have two options – get the other parent to agree, or petition the court for an order allowing you to move. If you know during the divorce proceedings that one spouse wants to relocate with the children, permission to relocate can be made part of the time-sharing and parenting plan. If the need for relocation comes up later – whether due to a job opportunity, need to be closer to other family, or better education - the parents can agree to modify the parenting plan and time-sharing agreement.
If the other spouse won’t agree, you’ll need to petition the court for permission to relocate. The proceedings will resemble the custody hearings, with court weighing whether relocation is in the child’s best interest.
But how will visitation work if one parent relocates? Some of that depends on how much visitation the non-custodial parent has under the current agreement. If the non-custodial parent had weekend visits once a month, and a month in summer, depending on where the custodial parent plans to move, not much may change. If either parent can afford to get the child to her former city for one weekend a month for visitation, the time-sharing can continue as written.
If the proposed relocation is far enough away that monthly visits are financially impossible, then the relocating parent may need to give up all of her summer with the children, and perhaps holidays as well. If the children are young and not in school, some parents have chosen to arrange a months on/months off schedule, though this gets more difficult as the children are older and transferring schools so frequently would be disruptive to their education.
There is no set way to establish a time-sharing agreement when parents live in different states. Everything is based on what arrangement will best foster a close, continuing relationship between the child and the non-custodial parent.
Boca Raton Child Custody Attorney
If you wish to relocate out of state with your child, make sure to consult with an experienced Boca Raton child custody and relocation attorney before making any plans. If one parent disagrees with the proposed move, these cases can quickly become contentious. With more than 50 years’ combined experience handling child custody and timesharing cases, the child custody attorneys at Schwartz ι White understand that emotions run high in such cases and will handle your case with sensitivity and respect. Contact us today at 561.391.9943 to schedule a free initial consultation.