Boca Raton International Child Custody Lawyer
Getting a child’s home base, school, and travel rights settled in a way that holds up across borders is the real goal in an international custody case, and it takes more planning than a typical parenting plan. Williams & Varsegi, LLC is a boutique firm that practices exclusively in divorce and family law, serving families in Boca Raton and throughout Palm Beach and Broward County. When a Boca Raton international child custody lawyer is needed, it is usually because one parent has ties abroad, a move overseas is being discussed, or a parent fears a child may not come back from a trip.
South Florida families frequently have relatives, businesses, and second homes in other countries. That reality shapes custody disputes here. Questions about passports, international travel consent, and whether a child can be relocated to another country arise in cases that would be routine anywhere else. Florida law gives the court tools to address each of them, but only if the parenting plan and court orders are drafted with those risks in mind from the start.
The foundation is the same as in any Florida case: time-sharing and parental responsibility are decided in the child’s best interests, and since the 2023 amendments to section 61.13 the law starts from a rebuttable presumption that equal time-sharing serves the child. International facts complicate how that presumption plays out, because a court weighing equal time must also consider whether a parent’s overseas home, work, or family makes a shared schedule practical or risky.
How Florida Courts Handle Custody When Another Country Is Involved
A Palm Beach County or Broward County family court decides custody under Florida’s statutes, and the court’s attention to the child’s stability does not change because a parent lives abroad. What changes is the evidence. Judges want to know where the child has actually lived, who has handled school and medical decisions, how often the child has traveled, and whether each parent has a realistic plan for exercising time-sharing from a distance.
Cases in Palm Beach County are heard in the Fifteenth Judicial Circuit’s family court, and Broward cases are heard in the Seventeenth Judicial Circuit’s Family Division. Appeals from either circuit go to the Fourth District Court of Appeal. Because outcomes in these courts turn heavily on how the evidence is presented, an attorney who has tried family cases in front of these judges brings practical value that a general practitioner may not.
Parenting plans in international cases typically need more detail than a standard plan. Expect to address which parent holds the child’s passport, whether both parents must consent before travel to a particular country, how long overseas trips may last, how the child will stay in contact during travel, and what happens if a trip is not completed as scheduled. These provisions are negotiated in mediation or, if necessary, decided by the judge after a hearing.
Why Choose Williams & Varsegi, LLC for International Custody Disputes
Williams & Varsegi, LLC practices only divorce and family law, and the firm brings over twenty years of experience to clients in Palm Beach and Broward County, including Boca Raton, Coral Springs, Parkland, and Delray Beach. The firm’s attorneys include Emerald Williams, Lawyer, and Katie, and clients work directly with experienced attorneys who know their case rather than being passed along. Client reviews describe a team that is responsive, knowledgeable, and keeps its promises, and the firm carries a 5-Star Rating from its clients.
That focus matters in a custody case with an international dimension. The firm handles matters ranging from high-net worth, high-conflict cases to uncontested ones, and its attorneys are skilled negotiators as well as experienced litigators with extensive courtroom experience. In a dispute where one parent has resources or connections abroad, that combination lets the firm pursue a negotiated parenting plan when one is realistic and prepare for a contested hearing when it is not. The firm also works with forensic accountants, business valuators, and other experts, which is useful when custody and finances overlap, for example when a parent’s overseas business affects both child support and time-sharing logistics.
Situations That Raise International Custody Concerns
- Travel Abroad With the Child: One parent wants to take the child to visit family overseas, and the other worries about whether the child will be returned. Parenting plans can set consent requirements, itinerary disclosure, and caps on trip length.
- Relocation Outside the United States: Under Florida’s relocation statute, a move of at least 50 miles from the prior residence lasting 60 consecutive days or more is a relocation, and a move abroad easily qualifies. The relocating parent must follow the statutory notice and petition procedure, and the other parent has 20 days from service of the petition to file a written objection.
- Parent Who Lives Abroad: A parent residing overseas may still seek meaningful time-sharing, which raises questions about long-block summer schedules, video contact, and who pays for travel.
- Passport Control and Consent: Disputes over who holds the child’s passport, whether a second citizenship will be pursued, and whether a parent can apply for travel documents without the other’s signature.
- Fear of Non-Return: Evidence that a parent may keep a child abroad after a trip can justify restrictions on travel, supervised exchanges, or other protective terms in the order.
- Modifying an Existing Plan: Changing a parenting plan requires showing a substantial and material change of circumstances. A new job overseas, a parent’s marriage to a foreign national, or a proposed relocation can supply that change.
- Child Support Across Borders: Florida’s guideline calculation under section 61.30 still applies, with a formula for combined net income above the top of the schedule, and income earned abroad has to be documented and valued.
- Time-Sharing and Overnights: A parent who exercises at least 20 percent of overnights, roughly 73 nights a year, receives an adjustment in the support calculation, so long overseas visits can affect the numbers.
What to Do Now If a Child’s Travel or Relocation Is in Dispute
Start by gathering documents that show the child’s actual life in Florida: school records, pediatric records, activity schedules, and any passports or travel documents and their current location. Save messages in which the other parent discusses travel, moving, or keeping the child abroad. If there is already a court order, read its travel and relocation provisions carefully before anyone buys a ticket, because violating them can have consequences in the family court.
If a parent has served a petition to relocate, the 20-day response window is short and runs from service. The objection must be in writing, filed, and served within that period. Once a timely objection is filed, Florida’s statute directs the court to hold a hearing on temporary relocation within 30 days of the motion and a nonjury trial within 90 days of the notice, absent good cause, so the case moves quickly and preparation cannot wait.
Broward family filings are handled through the Clerk’s Family Division at the Central Courthouse in Fort Lauderdale. If a child’s safety is at risk because of domestic violence, a petition for an injunction can be filed at the same family clerk locations, and a temporary ex parte injunction lasts no more than 15 days until a full hearing.
The most common mistake is waiting. Parents who suspect a child may not be returned often hope the situation will resolve itself, then discover that a trip has already begun. Raising the issue early, through a motion or a negotiated parenting plan with clear travel terms, is far easier than responding after the fact. The second common mistake is agreeing informally to a trip or a move by text message without a signed court order behind it.
Frequently Asked Questions About International Custody in Boca Raton
Which court decides custody for a Boca Raton child?
Boca Raton is in Palm Beach County, so custody cases are heard in the family court of the Fifteenth Judicial Circuit. The court applies Florida’s time-sharing and parental responsibility law.
Does Florida still presume equal time-sharing?
Yes. Since the 2023 amendments, section 61.13 starts from a rebuttable presumption that equal time-sharing is in the child’s best interests. The presumption can be overcome with evidence, and international travel or residence concerns can be part of that evidence.
Can the other parent take my child out of the country without my permission?
That depends on any existing order. If there is no order restricting travel, a parent may have broad freedom. A parenting plan can require written consent, advance itineraries, or surrender of passports, which is why those terms are worth negotiating or asking the court to impose.
What counts as a relocation under Florida law?
A move of at least 50 miles from the prior residence that lasts at least 60 consecutive days. Temporary absences for vacation, education, or the child’s health care do not count.
How long do I have to object to a relocation petition?
You must file and serve a written objection within 20 days after being served with the petition. Missing that window can allow the relocation to be approved without a contest.
How quickly does a relocation case move?
Absent good cause, a temporary relocation hearing is held within 30 days of the motion and a nonjury trial within 90 days of the notice. That timetable makes early preparation important.
What if I think my child’s other parent will not bring the child back from a trip?
Raise it with an attorney before the trip. The court can consider restrictions such as limiting travel to certain countries, requiring a return ticket, holding passports, or setting exchange conditions. Waiting until after departure leaves far fewer options.
Can a parent who lives overseas get time-sharing?
Often yes. Courts look at what arrangement serves the child, which may mean extended blocks during school breaks and regular video contact. Distance affects the schedule but does not by itself eliminate a parent’s role.
How does a parent’s overseas income affect child support?
Florida’s guidelines are built on each parent’s net income, which are combined to set support. Foreign income still has to be documented, and for combined net income above the top of the guidelines schedule, the formula adds a set percentage that depends on the number of children.
Can I modify a parenting plan because the other parent moved abroad?
A modification requires a substantial and material change of circumstances. A parent’s move overseas can qualify, but the court will still decide whether a new schedule is in the child’s best interests. The old requirement that the change be unanticipated has been removed from the statute.
Will a Florida court order be recognized in another country?
Recognition varies by country and depends on that country’s laws and any treaties involved. A well-drafted Florida order with specific findings is a stronger starting point, but enforcement abroad is a separate question worth raising in the first consultation.
Serving International Custody Clients Across Palm Beach and Broward County
Our work begins in Boca Raton and extends through Palm Beach County, including Delray Beach, Boynton Beach, Highland Beach, Lantana, Lake Worth, Wellington, West Palm Beach, Palm Beach Gardens, and Jupiter. We also represent parents in neighboring Broward County, including Parkland, Coral Springs, Deerfield Beach, Coconut Creek, Margate, Pompano Beach, and Fort Lauderdale. Families across South Florida come to us for custody disputes that involve travel abroad, relocation, and parents with ties to other countries.
Speak With a Boca Raton International Child Custody Attorney
If a trip abroad, a proposed move, or a parent’s life overseas is putting your child’s custody arrangement in question, an early conversation can shape what the court is asked to do. A Boca Raton international child custody attorney at Williams & Varsegi, LLC can review your existing orders, explain how the relocation and time-sharing statutes apply, and help you decide whether to negotiate or prepare for a hearing. Call to schedule a consultation.
