AboutDan Bachert Expertise I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
Question My ex-wife, son and I both live in Orlando. I currently see my son every Tuesday and every other Friday, Saturday, Sunday and Monday (5 out of 14 days).
She has been living with a guy for over a year. He has never paid any bills, rent, etc. He pays for all of the fun things. I say all of this b/c they are in the process of breaking up. She now wants to move from Orlando to West Palm Beach with our son. When she told me this, my heart sank to my stomach. I asked her how serious she was thinking. She says she cannot make ends meet in Orlando by herself (I pay $590 a month in child support) and needs to move to WPB to be with her family who can help her financially.
Can she do this?
Is there anything that can keep her from moving away? I have been told about a 50-mile rule, but what about financial hardship?
I am a very sad father today :(
Thanks,
Kevin
Answer Hi Kevin, the short answer to your question is no she can probably not move if you have an order in effect that dictates your time sahring schedule with your son and the order does not specifically address a parent relocating with a child. If this is the case she will be subject to Florida's relocation statute and must provide you with written notification of her intent to relocate with the notice including the items called for under the statute. If she in fact does porvide you with the proper notice as required under the statute then you will have an opputunity to object to the relocation and she will be required to prove that the relocation WILL (not just maybe) be in the best interest of your son. For more information see my previous answers to relocation questions.
I hope this information was helpful to you.
This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
