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.