Delray Beach Parental Relocation Lawyer
A job offer in Atlanta, a parent moving closer to family in another state, or a co-parent who announces a move across the state can turn a stable parenting plan upside down in a single conversation. Williams & Varsegi, LLC is a boutique firm that practices exclusively in divorce and family law, and we represent parents in Delray Beach and throughout Palm Beach County and Broward County who are seeking to move with their children or trying to stop a move that would pull their children away.
If you need a Delray Beach parental relocation lawyer, the first thing to know is that Florida does not leave relocation to private arrangement once a parenting plan or time-sharing order exists. The statute defines what counts as a relocation, sets strict paperwork and response deadlines, and moves these cases on a faster-than-usual court calendar. A parent who misses a step can lose ground before a judge ever hears the merits.
What Counts as a Relocation Under Florida Law
Not every move is a legal relocation. Under section 61.13001 of the Florida Statutes, a relocation means a change in a parent’s principal residence that puts the parent at least 50 miles from where they lived when the case began (or from the residence at the time of the last order), and that lasts at least 60 consecutive days. Temporary absences for vacation, a child’s education, or a child’s health care do not count.
That 50-mile line matters enormously in South Florida. A move from Delray Beach to Fort Lauderdale or Miami may fall short of 50 miles, which means the relocation statute may not apply at all, even though the practical impact on a school-week schedule could be real. A move to Orlando, Tampa, Jacksonville, or out of state will clear the threshold easily. When a move sits near the line, the actual road distance from the prior residence becomes a fact worth documenting, and disputes about it do happen.
The statute also applies in two situations. If the parents have a written agreement about the move, the agreement can be filed and ratified by the court without a contested hearing. If they do not agree, the relocating parent has to file a petition and the other parent has the right to object. Either route runs through the family court, and in Palm Beach County that means the Fifteenth Judicial Circuit, whose Family Court division handles time-sharing and parental responsibility matters.
Why Choose Williams & Varsegi, LLC for a Delray Beach Relocation Case
Williams & Varsegi, LLC practices only in divorce and family law, and our attorneys bring over twenty years of experience to clients in Delray Beach, Boca Raton, Coral Springs, Parkland, and across Palm Beach and Broward counties. Our team includes Katie and Emerald Williams, Lawyer, and clients work directly with experienced attorneys who know their case rather than being handed off. As a boutique firm, we take the time to sit down with each parent, learn what the move or the opposition to it really involves, and build a plan around those facts.
Relocation cases tend to be fast, emotional, and fact-heavy, which suits a firm with extensive courtroom experience as well as negotiating skill. Many of these disputes settle once both sides see the evidence honestly, and we pursue agreement when it serves our client. When it does not, we are experienced litigators who are comfortable putting on a contested hearing or trial in front of a family court judge. Our approach is the same on either side of the case, whether you are the parent who wants to leave or the parent who wants the children to stay close.
Client feedback about our firm consistently points to responsiveness and clear communication. Reviewers describe attorneys who kept their promises, staff who were on time and easy to work with, and a process that felt smoother and less anxious than they expected. Our firm carries a 5-star rating from clients, and one longtime client described being represented by Katie for more than three years. Those themes matter in relocation work, where deadlines are short and a parent needs to reach their lawyer quickly.
Situations That Lead to Relocation Disputes
- Career Moves and Job Transfers: A promotion, a corporate transfer, or a new position out of state is one of the most common reasons a parent asks to relocate. The court looks at whether the move is made in good faith and whether the new job offers a genuine improvement for the child’s household, not just the parent’s paycheck.
- Moves to Be Near Extended Family: A parent who wants grandparents, aunts, and uncles nearby for childcare and support may have a strong argument, especially if the family network in Delray Beach is thin. The other parent will often counter that the child already has a strong support system and a stable routine here.
- Remarriage or a New Partner Abroad or Out of State: A parent who remarries and wants to join a spouse elsewhere is not barred from asking, but the court examines the stability of the new household and how the child’s relationship with the other parent would be preserved.
- Proposed Moves Without Notice: Some parents move first and raise the issue later. Florida law requires the petition and proper notice before the move, and relocating without following the statute can seriously damage the relocating parent’s credibility and position.
- Opposing a Relocation: The non-moving parent is entitled to object, and the objection must be in writing and served within the statutory window. These cases usually turn on how much the child’s relationship with the staying parent would suffer and whether a realistic long-distance schedule is workable.
- Relocation Where Time-Sharing Is Equal: Since the 2023 amendments to section 61.13, Florida law presumes that equal time-sharing is in a child’s best interests. A move that disrupts an equal schedule often requires a stronger showing, and the plan for how the child will keep a meaningful relationship with the other parent carries a lot of weight.
- Relocation Combined with Child Support Changes: A move often changes work hours, travel costs, and the number of overnights each parent has, all of which feed into the guideline calculation and may justify a support modification.
- Relocation by Parents in Specialized Careers: Physicians, federal employees, and police and fire personnel sometimes face assignments, transfers, or fellowships that force the question, and their schedules and benefits require careful handling in the parenting plan.
What to Do If a Move Is Being Planned or Proposed
If you want to move, do not start packing, enrolling the children in a new school, or signing a lease before the legal steps are handled. Florida allows two paths. If the other parent agrees, the two of you can sign a written agreement that spells out the new time-sharing schedule and transportation arrangements, and the court can ratify it. If the other parent does not agree, you file a petition to relocate that includes the specific information the statute requires, such as the new address, the date of the move, and a proposed long-distance parenting schedule. A petition that leaves out required details gives the other side an easy argument, so the document deserves real care.
If you are the parent who just received a petition, the clock is already running. A written objection has to be filed with the court and served within 20 days after you were served with the petition. If you do not respond in time, the court may treat the relocation as unopposed and allow it. Gather the petition, your current parenting plan, and any messages in which the other parent discussed the move, then call a family law lawyer right away. Do not wait to see whether the other parent really follows through.
After an objection is filed, the case moves quickly. The statute calls for a hearing on temporary relocation within 30 days of a motion and a nonjury trial within 90 days of the notice, absent good cause for delay. Those timelines surprise many parents. Evidence needs to be gathered early: school records, the child’s activities and medical providers, a history of who has handled day-to-day parenting, the relocating parent’s job offer or housing plans, and a realistic proposal for how the child will see the other parent.
For families in Delray Beach, family court filings in Palm Beach County can be made through the clerk’s family division, and the South County Courthouse in Delray Beach accepts Family Court cases. Your lawyer will confirm where your specific case is filed and which judge or division it lands in. One common mistake is posting about the move on social media or involving the children in the dispute. Judges read those posts, and a parent who pulls a child into the conflict rarely gains anything.
How Judges Decide Whether a Child Can Move
Once a relocation is contested, the judge focuses on what is best for the child, not what is most convenient for either parent. The court weighs the child’s age and developmental needs, the strength of the child’s relationship with each parent and with other family members, how much the move would improve the quality of life for the child and the relocating parent, and whether the relocating parent is acting in good faith or simply trying to limit the other parent’s involvement. The court also considers whether the parent opposing the move is doing so for legitimate reasons or mostly to gain leverage on other disputes.
A strong long-distance proposal can change the outcome. Judges look closely at whether a revised schedule keeps real contact in place: extended summers, school breaks, alternating holidays, regular video calls, and a plan for who pays travel costs. A proposal that gives the other parent only token time rarely persuades a court. A parent who has been the primary caregiver, who has kept the child’s schooling and medical care on track, and who can show concrete advantages in the new location generally presents a stronger case than one relying on general hopes about a better life.
Once a final order is entered, it is not necessarily the end. If circumstances change significantly later, a parent can seek modification of the parenting plan, which requires showing a substantial and material change in circumstances. Because the Legislature removed the old “unanticipated” requirement from that test, the analysis today is somewhat more flexible than it used to be, but a move that was already litigated and approved is still a difficult basis to relitigate.
Delray Beach Relocation Questions Parents Ask
How far can I move with my child without court permission in Florida?
Florida’s relocation statute applies when a move is at least 50 miles from your prior residence and lasts at least 60 consecutive days. A shorter move may fall outside the statute, but it can still affect your time-sharing schedule, so any significant change in where you live should be reviewed with a lawyer before you act.
Do I need the other parent’s consent to relocate?
If both parents agree in writing, the court can approve the agreement without a contested hearing. If the other parent does not agree, you must file a petition to relocate and the court will decide after hearing the evidence. Moving without following one of those two routes puts your case at risk.
How long does the other parent have to object to a relocation petition?
The objection must be in writing, filed with the court, and served within 20 days after the petition was served. Missing that window can allow the court to treat the petition as unopposed.
How fast do relocation cases move in Palm Beach County?
The statute contemplates a temporary relocation hearing within 30 days of a motion and a nonjury trial within 90 days of the notice, unless there is good cause to extend. In practice, scheduling depends on the judge’s calendar, but you should expect these cases to move faster than a typical contested divorce.
What does the court look at when deciding a relocation request?
The judge considers the child’s best interests, including the strength of the child’s bond with each parent, the reasons for the move, the realistic long-distance schedule offered, and how the move affects the child’s schooling and community ties. Good faith on both sides matters.
Can a parent relocate if there is no existing court order?
The statutory relocation process applies once a parenting plan or time-sharing order is in place or a case is pending. If parents were never married and there is no order, other rules and risks apply, and it is wise to get advice about establishing paternity and a time-sharing plan before any move.
Does the 2023 equal time-sharing presumption affect relocation cases?
Yes. Since the amendments to section 61.13, equal time-sharing is presumed to be in a child’s best interests, which can make a move that disrupts an equal schedule harder to justify. The relocating parent needs a concrete plan showing why the move still serves the child.
What happens if my ex moves without following the statute?
You can ask the court to enforce the existing parenting plan and to address the violation. A parent who ignores the relocation statute can face serious consequences, including an order requiring the child’s return and damage to their position in the case.
Will relocating change my child support?
It can. Child support under section 61.30 depends on each parent’s income, the number of overnights each parent has, and certain child-related costs. A new schedule built around a long-distance move often changes the overnight count and the cost of transportation, which may justify a modification.
Is it worth hiring a lawyer if the other parent says they will not fight the move?
Yes. A verbal agreement is not enforceable, and a poorly drafted written one can leave out transportation costs, holiday schedules, and a path for future disputes. Having a lawyer draft or review the agreement protects your relationship with your child down the road.
Can I temporarily move with my child while the case is pending?
A temporary relocation generally requires either the other parent’s agreement or a court order. The statute provides for a temporary relocation hearing on a short timeline, and moving before that hearing can be used against you.
Delray Beach Relocation Representation Across Palm Beach and Broward Counties
Our work for parents begins in Delray Beach and extends through the surrounding Palm Beach County communities, including Boca Raton, Boynton Beach, Highland Beach, Lake Worth Beach, Lantana, Greenacres, Wellington, West Palm Beach, Palm Beach Gardens, Jupiter, Royal Palm Beach, and the neighborhoods that surround them. We also represent families across the county line in Broward County, including Coral Springs, Parkland, Deerfield Beach, Pompano Beach, Fort Lauderdale, and other South Florida communities where relocation questions arise.
Because relocation disputes often involve a parent moving out of the area entirely, we regularly work with clients who are leaving South Florida or who are trying to keep a child here. Whether your case is filed in the Fifteenth Judicial Circuit in Palm Beach County or the Seventeenth Judicial Circuit in Broward County, we prepare the same way: gathering the evidence early, planning a realistic schedule, and presenting your story clearly to the court.
Talk With a Delray Beach Relocation Attorney Before You Make a Move
A relocation decision, whether you are making it or responding to it, has a short fuse and long consequences. Williams & Varsegi, LLC offers focused family law representation from a team that has handled these disputes for over twenty years. If you are looking for a Delray Beach relocation attorney who will listen to your situation, explain how the statute applies to it, and prepare your case with care, call our firm or schedule a consultation. The sooner we talk, the more options you will have.
