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Can I Prevent My Ex-spouse from Moving Far Away with the Children after Divorce?

Parents with primary residency cannot simply move out of range of the other parent or anyone who has time sharing or other rights to the children. However, you need to take quick action to object if your ex-spouse files a petition for relocation. You cannot typically prevent your ex from moving, but Boca Raton parental relocation lawyers can help protect your rights to see your children regularly.

As long as they have minor children, divorced parents have a long-term relationship that they cannot violate. If they need to relocate at least 50 miles away for at least 60 consecutive days, they must petition the other parent for permission, often leaving decisions to the discretion of the courts. Subsection 61.13001 of the Florida statutes addresses virtually every imaginable concern related to parental relocation with a child. However, every case requires the creation of a new parenting plan and visitation schedule that addresses the logistical issues of moving the children between residences and the additional costs of travel.

Of course, international moves pose significant additional issues. Depending on the country involved, judges need to consider the applicable laws in the country — and even the potential threats to safety of the children. A Boca Raton lawyer for parental relocation focuses on the best interests of children by helping parents consider all potential issues and proposing solutions to address them in the revised parenting plan. In some situations, they may ask the courts to consider changing primary residency rights.

Your children have the right to have both parents play a meaningful role in their lives. The attorneys at Weiner & Weiss, LLC understand the issues involved in enforcing custody rights in Florida, the U.S. and worldwide. We help parents enforce their time-sharing rights when ex-spouses want to move far away with the children.

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  • "Scott is a professional who is well-liked, collegial in a highly adversarial field. He has been mentored by an excellent lawyer and although still a younger lawyer he is fast gaining experience in complex matrimonial matters. He has moved beyond second chair to handling matters on his own. He is a pleasure to work with." - Anonymous,★★★★★

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