Practice Areas Menu

The Complexities of Parental Relocation in Divorce

Thumbnail image for Jeffrey Weissman Speaking engagement AAML

Last Friday, I had the privilege of addressing the annual Family Law Board Certification Seminar in Orlando for the 13th consecutive year. Hosted by the Family Law Section of the Florida Bar and the American Academy of Matrimonial Lawyers, Florida Chapter, this is the largest, most prestigious advanced family law seminar in the state. This year's audience included 1,600+ attorneys and judges. 

 

This year, I presented on the topic of Parental Relocation in divorce cases, specifically when one parent seeks to move with their minor child over the objection of the other.

 

When both parties agree about a relocation, the matter can be handled rather simply through a consent agreement that outlines the time-sharing rights of the non-relocating party. However, when both parents do not see eye-to-eye, the burden of proof falls to the relocating parent to show the best interests of the child are being served. As you might imagine, this can be a very sensitive, complex issue...even with statutes in place to guide the process.

 

Prior to 1997, Florida had no true statutory authority that governed child relocation. Courts began acknowledging that the child's wellbeing should be more of a determining factor and, in October 2006, "Parental Relocation With A Child," or Section 61.13001 of the Florida Statutes went into effect...since amended in both 2008 and 2009. The statute basically helps define, clarify and facilitate the relocation process.

 

Today, Florida divorce laws are among national models for protecting the rights of children and, based upon my years of family law experience, I guided the group through the "who," "when" and "how" of current law. For example: which parent is required to file a petition for relocation, under what circumstances, and the proper steps to take in the process.

 

In addition, my presentation examined rules enacted to determine optimum outcomes, how we arrived at those guidelines, and an analysis of supreme court and appellate court rulings on implementation of the Florida statute adopted to protect children's best interests.

 

Ultimately, though, that leaves the final decision to a judge...not the parents. Which is why I believe parental agreement is always the best, and least detrimental, option for any family unit.

# # #

Principal & shareholder of Gladstone & Weissman, Jeffrey A. Weissman, P.A., is a "2016 Family Lawyer of the Year-Boca Raton, Fort Lauderdale & Miami" by The Best Lawyers in America and a Supreme Court Certified Family Law Mediator and Guardian Ad Litem.

 

No Comments

Leave a comment
Comment Information
Contact Our Law Firm Today

What our clients are saying...

Throughout my entire divorce, the team at Gladstone & Weissman was thorough and strategic. In addition, they were proactive with all of the issues, while constantly recognizing what a difficult, sensitive process I was going through.

Without the help of Peter and the dedicated professionals of Gladstone & Weissman I may not have as successfully navigated the emotional and economic turmoil of the process.

I felt very protected working with Gladstone & Weissman, and I would strongly recommend them in case you must divorce.

Having really never experienced any legal issues before, the process was scary at best. At Gladstone & Weissman someone was always available to help me with any questions or concerns... and always with a friendly, understanding and compassionate answer.

Gladstone and Weissman's reputation as the prominent family law practice is well-earned. The entire staff is dedicated towards producing effective results during the most trying of times. It provided great comfort knowing there was a team of caring and incredibly competent professionals working on my behalf.

It has been a positive and satisfying experience for me having you represent me in my divorce case, even during an emotionally difficult time for me.

If you're looking for attorneys with the highest level of integrity that really care about their clients, these guys are the "real deal".

Thank you for all your help and support. I am extremely fortunate to have in my corner a team that has earned my absolute trust and gratitude.

A Proven Record of Success

Best places to work South Florida business journal 2015 | Best Lawyers | Lawyer of the Year 2014 | Family Law Jeffrey A. Weissman Miami, A Proven Record of Success | Super Lawyers, AV PeerReviewRated, Best Lawyers, Florida Board Certified, Florida Legal Elite | Best Lawyers BEST LAW FIRMS U.S.NEWS AND WORLD REPORT FAMILY LAW - TIER 1 MIAMI 2015 | Honors & Recognitions Honor & Recognitions

Two Conveniently Located Offices

Boca Raton Office (Main):
101 Renaissance Centre
101 N. Federal Highway
Suite 702
Boca Raton, FL 33432
Local: 561-447-2274
Fax: 561-447-2275
Map and Directions

Fort Lauderdale Office:
Corporate Center
110 E. Broward Blvd.
Suite 1700
Fort Lauderdale, FL 33301
Tel: 954-761-9994
Fax: 954-761-9969
Map and Directions