This is the next post in my series on the handling of Florida child relocation cases. My last article discussed how parents should conduct themselves after a relocation trial. It is important that the parties work together to effectively co-parent. Continued arguing and disagreement is not in the best interests of the child and may result in the parents going back to Court for a new change of custody hearing. In this post I will discuss how to go about defending against a relocation request. If you need assistance then contact my Melbourne office today to speak with a family law attorney.
It is understandable that one does not wish for their child to leave the state of Florida. You may be unsure of how you will maintain a relationship with the child and you will likely have many other concerns as well. It is important to understand that if you are opposing such a request then you have options. If you can show that relocation would not be in the best interests of the child then the Court is likely to deny the other party’s request to move the child out of state.
There are several facts which can establish that a move would not be in the best interests of the child. If, for example the parent is requesting permission to move the child somewhere with poorer performing schools then such a fact would weigh against relocation. Also, if the requesting parent is attempting to move somewhere with high crime rates, high rates, of drug use, or other social problems then such facts can weigh against relocation as long as they are properly raised. Another consideration would be the extent to which long-distance visitation would be unrealistic or difficult to maintain. Finally, if the requesting parent has a history of not following the Court’s visitation orders then such a fact would weigh against relocation as they could not be expected to follow long distance orders.
One of the most common issues which lead to the defeat of relocation requests is a lack of specifics from the requesting party. It is not uncommon for a parent to request permission to move even though they have not looked for a job in the proposed destination, have no long-term housing plan, and cannot say for sure where the child would go to school. The lower the level of specifics, that the requesting parent is providing, then the more likely it is that the Court will deny any request to move the child away from Florida.
If you need assistance with a child move away case then contact my office today to speak with a Melbourne lawyer. I am a former prosecutor who is experienced in taking matters to trial. I will ensure that your rights are protected throughout the process. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.