West Palm Beach Parental Relocation Lawyer
A job offer in Atlanta, a new spouse in another state, or a family network that would make single parenting easier can all collide with a time-sharing schedule that was built around two households in the same community. Williams & Varsegi, LLC is a boutique firm that practices exclusively in divorce and family law, and as a West Palm Beach parental relocation lawyer team we represent parents in Palm Beach County and Broward County, including Boca Raton, Delray Beach, Coral Springs, and Parkland, on both sides of a proposed move.
Relocation cases are not ordinary custody disputes. In Florida, a parent who has a court-ordered parenting plan cannot simply pack up and go once the move crosses a certain distance, and a parent who wants to stop that move cannot simply say no. The statute sets a defined process, with short deadlines and expedited hearings, and a missed response date can cost a parent the case before the merits are ever discussed. What the court is really deciding is whether a child’s life should be restructured around a new geography, and the evidence on both sides tends to be deeply personal and highly practical at once.
The distinction that trips up most parents is the difference between relocating and merely moving. Under Florida’s relocation statute, a move counts as a relocation only when the new principal residence is at least 50 miles from the old one and the change will last at least 60 consecutive days. Temporary absences for vacation, schooling, or a child’s health care do not count. A move from West Palm Beach to Boca Raton or Fort Lauderdale generally falls short of that distance, which means it is a different legal question than a move to Orlando, Tampa, or out of state. Knowing which side of that line a proposed move falls on is the first thing we sort out with any parent.
Why Choose Williams & Varsegi, LLC for a Relocation Dispute
Williams & Varsegi, LLC is a boutique family law firm that practices exclusively in divorce and family law, with over twenty years of experience serving clients throughout Palm Beach County and Broward County. Our caseload runs from high-net worth, high-conflict litigation to uncontested and simplified matters, and clients work directly with experienced attorneys who know their case rather than being passed along. We are skilled negotiators and experienced litigators with extensive courtroom experience, which matters in relocation work because these cases frequently resolve only after both sides see how prepared the other is for an expedited trial.
Emerald Williams, Lawyer, and Katie lead the firm’s work for clients. Reviewers describe Katie and her team as responsive and knowledgeable, and one longtime client said Katie represented her for more than three years and made a long process smoother and less anxious. Another reviewer said Emerald Williams kept every promise she made at the initial consultation. The firm holds a 5-Star Rating from its clients. For a relocation case, that kind of steady communication is not a nicety. The statutory timeline is compressed, and a parent who cannot reach their lawyer during a 20-day response window is a parent in real trouble.
We also work with forensic accountants, business valuators, and other experts when a case calls for them. That is more relevant to relocation than parents expect. A move that involves a new job, a business transfer, or a change in income often reshapes child support, and a relocation fight can turn on whether a parent’s stated reasons for moving are financially real. Our firm is used to testing those claims and to presenting them credibly when they are true.
Situations That Lead to Relocation Disputes in Palm Beach County
- A Parent Seeking to Move Out of State: The most common contested scenario involves a majority time-sharing parent who wants to take the children to another state for work, remarriage, or family support. The relocating parent carries the burden of showing the move serves the child’s best interests, and the court weighs the child’s relationship with both parents and the realistic ability to preserve it.
- Moves Within Florida Beyond 50 Miles: A relocation does not have to cross a state line. A move from Palm Beach County to Tampa, Jacksonville, or Orlando can meet the distance requirement and trigger the same notice, objection, and hearing process as an out-of-state move.
- Relocation by Agreement: Parents sometimes agree to a move and need that agreement written into a revised parenting plan and approved by the court. A handshake deal is not enough, and an unwritten understanding can unravel when circumstances change.
- Objecting to a Proposed Move: A parent served with a petition to relocate must file a written objection within 20 days of service. Failing to object in time can allow the court to treat the move as unopposed, which is why a parent should contact counsel on the day papers arrive.
- Temporary Relocation Pending Trial: A parent may ask the court to allow the move while the case is pending. A temporary-relocation hearing is to be held within 30 days of the motion, and the court’s temporary ruling can shape the practical reality of the case long before trial.
- Relocation After a Time-Sharing Change: Since the Legislature created a rebuttable presumption in favor of equal time-sharing, parents with near-equal schedules face a different calculus. A move that would end an equal schedule is a significant disruption, and the statute’s presumption becomes part of the argument.
- Support Consequences of a Move: Relocation usually changes overnights, travel costs, and sometimes income. Child support under the statutory guidelines depends on each parent’s overnights and income, so a long-distance schedule can change the numbers significantly.
- Special Employment Situations: Our firm handles divorces involving physicians, federal employees, and police and fire personnel, whose careers sometimes involve transfers, rotating postings, or licensing constraints that drive a relocation request and complicate the court’s assessment of it.
What to Do When a Move Is Proposed or a Petition Arrives
If you are the parent who wants to move, the most important step is to resist the urge to move first and ask permission later. When a parenting plan is in place and the move meets the 50-mile, 60-day threshold, the relocating parent must either obtain the other parent’s written agreement or file a petition to relocate with the court. Moving without following that process can be used against you later, both as a basis for sanctions and as evidence about how willing you are to respect the other parent’s role. Before any petition is filed, gather the proof the court will want to see: the job offer or income documentation, the school and housing options in the new location, the support network that will be available, and a concrete proposal for how the other parent will keep a meaningful relationship with the children, including a realistic schedule for summers, holidays, and travel costs.
If you are the parent receiving the petition, the clock matters more than anything else. A written objection must be filed with the court and served within 20 days of being served with the petition. After that, the statute drives toward speed: a temporary hearing within 30 days of a motion for temporary relocation, and a nonjury trial within 90 days of the notice, unless good cause exists to extend. Start collecting evidence immediately, including records of your involvement in school, medical care, and extracurricular activities, communications showing how you and the other parent have handled scheduling, and anything that shows the child’s roots in the community. A parent who has quietly been the one attending pediatrician appointments and parent-teacher conferences has stronger evidence than one who simply says they are close to their child.
These cases are heard in the Fifteenth Judicial Circuit, whose Family Court division handles time-sharing, parental responsibility, and child support for Palm Beach County. Families in Broward County are in the Seventeenth Judicial Circuit, which handles family matters there. Appeals from either circuit go to the Fourth District Court of Appeal in West Palm Beach. The most common mistake we see is a parent treating the relocation as a negotiation that can wait. Because the statute sets short deadlines, the first few weeks often determine how much leverage each parent has.
How Florida Courts Decide Whether a Move Should Be Allowed
Florida’s relocation statute does not give either parent a head start. The court looks at the child’s best interests and considers the factors the statute lists, which include the nature and quality of the child’s relationship with each parent and with siblings and extended family, the child’s age and developmental stage, the feasibility of preserving the relationship with the non-relocating parent through a substitute schedule, the child’s preference when appropriate for the child’s maturity, and whether the move would improve the general quality of life for the relocating parent and the child, including financial, emotional, and educational benefits. The court also looks at the reasons each side is taking its position, and a move that appears motivated by a desire to reduce the other parent’s involvement is treated very differently from one driven by a genuine opportunity.
Because Florida now starts from a rebuttable presumption that equal time-sharing serves a child’s best interests, a relocation that would turn an equal schedule into long-distance visits faces a heavier lift in practice. That does not mean such moves are impossible, but the relocating parent needs a persuasive, well-documented reason and a believable plan to keep the other parent involved. The objecting parent, for their part, cannot rely on opposition alone. Courts want to hear what the child’s life would actually look like under each outcome, and evidence about school performance, medical needs, and day-to-day caregiving routines tends to carry more weight than general statements about loving the child.
When a Relocation Changes a Parenting Plan and Child Support
Approval of a move almost always means a new parenting plan. The old weekday schedule does not work across a long distance, so the court or the parents must replace it with something realistic, usually concentrating time into summers, school breaks, and holidays, and addressing who pays for transportation and how the child will stay in contact in between. Modifying a plan generally requires a substantial and material change in circumstances, and a approved relocation can satisfy that requirement. The Legislature also removed the old requirement that the change be unanticipated, which makes it somewhat easier to bring a modification when circumstances genuinely shift.
Child support follows the schedule. Florida’s guideline calculation starts with each parent’s net income, combines them, and adjusts for overnights, health insurance, and child care costs. A parent exercising at least 20 percent of overnights, roughly 73 nights a year, receives a time-sharing adjustment, so a move that pushes a parent below that mark can raise the support obligation. A request to modify support generally requires a substantial change, and the guideline amount is presumed to be the correct figure unless the court makes written findings to deviate beyond five percent. Where parents’ combined net monthly income exceeds the top of the guideline schedule, support is calculated as the schedule’s maximum plus a set percentage of the excess, which is relevant for higher-income families in our market.
Relocation Questions Parents Ask
How far can I move without going to court?
Florida’s relocation statute applies only to moves of at least 50 miles from your prior residence that last at least 60 consecutive days. A move shorter than that distance generally does not require the statutory petition process, though it may still affect your time-sharing schedule and could be raised in a modification case if it makes the existing plan unworkable.
What if the other parent agrees to the move?
If both parents agree, the agreement should be put in writing, signed, and submitted for court approval along with a revised time-sharing schedule and transportation plan. An informal agreement that is not approved by the court does not protect either parent if circumstances change or the relationship sours.
How long do I have to object to a petition to relocate?
You must file a written objection with the court and serve it within 20 days after being served with the petition. Missing that window can allow the court to treat the relocation as unopposed, so act immediately when you receive papers.
How fast do these cases move?
Quickly. A hearing on a request for temporary relocation is to be held within 30 days of the motion, and a nonjury trial is to occur within 90 days of the notice, unless the court finds good cause for more time. Preparation has to begin before the petition is even filed or the day it is served.
Does the court automatically favor the parent with more time-sharing?
No. The relocating parent must show the move serves the child’s best interests, regardless of who has more overnights. That said, a parent who has been the primary caregiver often has more day-to-day evidence about the child’s routine, which helps in presenting the case.
Can I move with my child for a job offer?
A job offer can be a legitimate reason, and courts consider whether a move improves the family’s quality of life, including financial stability. But the offer must be real, documented, and weighed against the loss of the other parent’s regular involvement. A better salary alone does not decide the case.
What if I already moved before getting court approval?
Moving first creates serious problems. The court can order the child returned, treat the move as a violation of the process, and weigh your conduct heavily in the best-interest analysis. If you have already moved, speak with counsel promptly so the situation can be addressed before it worsens.
Will my child support change if I relocate with the children?
It may. Support under the guidelines depends on each parent’s income and the number of overnights each has with the children. A long-distance schedule often shifts overnights, and a change in either parent’s income can also affect the figure. A modification is typically needed to formally reflect the new reality.
Does the child get a say in whether we move?
A court may consider the child’s preference when the child is old enough and mature enough for the preference to be meaningful. It is one factor among many, and judges are cautious about placing a child in the middle of a parental dispute, so it rarely decides the case alone.
If I lose a relocation case, can I move anyway?
If the court denies the move, you can still relocate on your own, but the children’s primary residence would be determined by the court’s ruling, and a parent who leaves may need to seek a modification of time-sharing, potentially giving the other parent more time. Understand the consequences before deciding.
Can a relocation order be appealed?
Yes. Appeals from Palm Beach County and Broward County family courts go to the Fourth District Court of Appeal in West Palm Beach. Appeals are limited to legal error and have their own strict deadlines, so a parent considering one should consult counsel right after the ruling.
Serving Relocation Clients Across Palm Beach County and Broward County
Our work begins in West Palm Beach and extends across Palm Beach County, from Palm Beach Gardens, Jupiter, Lake Worth Beach, Boynton Beach, and Wellington in the northern and central part of the county to Delray Beach and Boca Raton in the south. We also represent parents in Royal Palm Beach, Greenacres, Riviera Beach, North Palm Beach, Lantana, Palm Springs, and the western communities including Belle Glade. In Broward County, we serve families in Coral Springs, Parkland, Deerfield Beach, Pompano Beach, Fort Lauderdale, Plantation, Hollywood, and the surrounding South Florida communities.
Relocation questions look different depending on where a family lives. A parent in Wellington or Jupiter considering a move north faces different practical questions than a parent in Parkland or Coral Springs weighing a move out of state, but the statutory framework is the same, and so is the pressure of the filing deadlines. We tailor the strategy to each family’s schedule, finances, and goals.
Speak With a West Palm Beach Parental Relocation Attorney
Whether you are the parent hoping to move or the parent trying to keep your children close, the earliest conversation with a West Palm Beach parental relocation attorney is often the most valuable one, because the statutory deadlines leave little room to catch up. Williams & Varsegi, LLC will review your parenting plan, explain where your proposed or threatened move falls under Florida’s relocation statute, and help you decide whether to negotiate, mediate, or prepare for an expedited trial. Call us to schedule a consultation.
