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Divorce and Parental Relocation

Mon, Jan 28, 2019 at 4:10PM

Divorce and Parental Relocation

There are many reasons why people relocate to another part of the country or even around the world. Work considerations often send employees to other locales. Some people move in hopes of improving quality of life, while others just want a change of scenery and a chance at starting a new life.

However, the decision to relocate becomes more complicated when children of divorce are involved. Many states, including Florida, have specific laws detailing geographic limitations. Use this advice to determine how your planned move could affect time-sharing of your children and parental responsibility.

Understand the Rules

Following a divorce that involves minor children, all parties involved naturally want what’s best for the kids. That’s why careful consideration should be given to any thought of relocation, and whether that action is being taken in the best interests of children.

For example, would the move improve proximity to close family members? Does relocation provide better housing and income opportunities for children? Is required visitation still possible and reasonable for shared custody parents? You’ll likely have your own unique questions. It’s a good idea to consult with Daytona Beach divorce attorneys before making any decisions in this regard.

That’s largely because Florida law defines relocation as one parent moving 50 miles or more from the child’s current residence for a period of at least 60 consecutive days. Temporary changes are not considered in this definition of relocation. Still, it’s essential that you comply with these rules. Failure to do so could result in loss of custody and other unsavory scenarios.

In fact, major choices made in haste and without proper discussion and notification could result in a serious legal complication. When reviewing any request, courts will consider the age and maturity of children, distance between kids’ current residence and the proposed new location, quality of life considerations, and more.

Prepare for Challenges

In an ideal situation, both parents would agree to relocation and you could be on your way toward a new life. Of course, that’s not always how it works. If the parent who is not moving disagrees with the decision, the moving parent must file a petition with the court. Detailed information is required as part of this process. Luckily, assistance is available to navigate this sometimes-complex procedure. The first step is to team with Volusia County lawyers well-versed in divorce and family law.

Secure a Legal Advocate

As discussed, hasty decisions and blatant disregard to legal requirements can have long-lasting and damaging consequences. You could be held in contempt of court. Why take the risk? Daytona Beach attorneys expert with family law can provide you with valuable advice and guidance. We have assisted many parents in successfully relocating with their children.

In fact, since 1983 we’ve assisted countless Central Florida residents with a variety of legal assistance. Well-known and respected Daytona Beach divorce lawyers, we also specialize in business and corporate law, criminal defense, personal injury and wrongful death, and more. Contact us today with all your legal questions, or to get started on your family law case.


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