Relocation Factors of Moving with Children after a Divorce

Divorce proceedings, with or without children from the marriage, can often involve complex negotiations and settlement agreements. When there are children from the marriage there are many additional issues which must be resolved before being able to obtain a final dissolution of marriage. Care will need to be taken when finalizing child custody, child support and visitation agreements so that all final arrangements will be in the best interests of the children. One particularly difficult child custody issue involves the relocation of children after a divorce. Child relocation may not come up for months or even years after a divorce has been finalized. In some divorce cases relocation will never become a problem. If it does come up there are certain things you need to know.

If either parent wants to move more than 50 miles away from their current residence, he or she must ask permission from the court. This is required to help safeguard the rights of the non-custodial parent and see to it that his or her visitation rights are not violated. It is also required to help protect the child's best interests. If one parent's only purpose for moving is to get away from the other parent that will not be allowed. Forcefully uprooting the child from friends, family and other familiar routines may be detrimental to his or her health and wellbeing, and thus will be denied. Providing that the parent who wishes to relocate can show the court that the relocation is in the child's best interest, and that the other parent does not object, relocation may be granted.

An experienced Daytona Beach family law attorney from our firm will be able to help you understand your rights and obligations in either scenario. We have provided legal representation for parents on both sides of the relocation process. We understand what factors the judge considers before granting approval to relocate and we will work with you closely to help you meet the necessary requirements. Whether you are considering moving with your child, or your former spouse is attempting to move with your child, our firm can help. Contact Buckmaster & Ellzey right away so that we can review your situation and needs, then help you build a solid strategy so that you can get the results you are seeking.

Categories: Divorce