When couples divorce, it is not uncommon for one party to choose to move out of state.  This issue becomes complicated when there are children involved.  The Fifth District Court of Appeals recently upheld a ruling by the Circuit Court for Orange County providing that a mother was able to leave the state of Florida to move to California with the parties’ minor children.   The Court confirmed that the lower court should have entered permanent time sharing arrangement as part of the divorce order, but upheld the decision to allow the mother to relocate, provided that the former husband has “frequent contact with the children via internet video chat, and an agreement that the former wife would bear most of the travel costs for the children to regularly return to Florida to spend time with their father.”

The ability for families to communicate by internet, cell phones, and other electronic communication is drastically changing the way time sharing arrangements are structured between parents in divorce actions.   Both parents should put considerable thought into how the time sharing agreement can be most beneficial for their children’s relationship with each parent.

See Kish v. Kish, 36 Fla. L. Weekly D2228.

Patricia Dills is an Attorney with Martin Law Firm, P.L., whose practice
focuses in Divorce, Child Support, Family Law, and Civil Litigation. She
primarily practices in Naples, Collier County, and Fort Myers, Lee County Florida.