This is the second post in my series on the handling of cases in which parents wish to relocate their children away from the state of Florida. My last article provided an overview of topics which this series will be addressing and also stressed the need to speak with an attorney as soon as possible. It is important to understand that the legal process can be lengthy and that your chances are aided by speaking with counsel sooner rather than later. In this article I will address the process involved in preparing to bring a relocation request to the Court. The Court will often be expecting a parent to provide certain information and a failure to do so can result in the request being denied. If you need assistance then contact my office today to speak with a Melbourne family law lawyer.
It is important to understand that parent will not be given permission to move the child out of state simply because they wish it. The Court will only grant permission to relocate if it is in the child’s best interests. When determining whether the move is in the child’s best interest the Court will consider factors such as whether the move will improve the child’s quality of life, the parent’s motives in requesting a move, whether the requesting parent can be expected to comply with visitation orders, the reason for the non-requesting parent’s opposition, and whether a workable visitation schedule can be devised. When preparing to file your request to move it is important that you be able to articulate facts which will support such considerations.
A requesting parent must be able to point out how a proposed move will improve the child’s life. Facts the Court will look towards are those showing whether or not the child will be attending a better school in the proposed city, the extent to which the child’s social structure will be upheaved by the move, whether economic opportunities exist for the requesting parent which will allow for better care of the child, and the child’s wishes (depending on his or her age). The higher the level of specifics you provide to the Court then the greater the possibility that your request will be granted. By speaking with an attorney as soon as possible you can gain an understanding of the type of information which you will need to present to the Court.
If you are considering requesting permission to move your child away from Florida then contact my office today to speak with a Melbourne area lawyer. I am familiar with handling such matters and we will give your case the attention it deserves. We look forward to speaking with you. 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.