Summer is a prime time for families to embark on new beginnings, but for divorced parents with joint legal custody, planning a move during this season can make things a bit more complicated.
To avoid any unexpected obstacles, you need to be aware of the most common reasons judges deny relocation, especially if you also plan on changing schools.
In this blog, our child custody lawyers will explore the factors that could lead to a denial of a relocation request, how time-sharing affects school enrollment, and provide tips to increase your chances of a successful relocation.
When seeking permission to relocate with your child, follow the proper legal procedures outlined in your parenting plan or in Florida law. Failure to adhere to these procedures or the law can result in your relocation request being denied.
These procedures are typically put in place to ensure that any proposed changes in the child’s residence are handled fairly and orderly. By neglecting to follow these procedures, such as providing proper notice to the other parent or obtaining the required court approval, the relocating parent risks having their request denied.
Judges prioritize the best interests of the child when making custody-related decisions. If the proposed relocation does not benefit the child or poses significant disruptions to their education, social life, or stability, the request may be denied.
The court assesses various factors to determine the child’s best interests, including the impact of the move on their relationship with the non-relocating parent, the availability of a supportive community, and the quality of educational opportunities in the new location. It is essential for the relocating parent to demonstrate how the proposed move will benefit the child, not just the parent, and address any potential negative consequences.
To increase the chances of a successful relocation request, it is crucial to provide valid and justifiable reasons for the move. Courts typically consider factors such as employment opportunities, better living conditions, or a support system in the new location.
However, if the reasons presented by the relocating parent do not outweigh the negative impact on the child’s well-being, the court may deny the request. Clearly articulating and providing evidence for the proposed move’s positive aspects and how it will ultimately benefit the child’s overall welfare is essential.
If the court denies a request to relocate with your child, you won’t be allowed to move with the child. While it’s possible to appeal the court’s decision, it’s important to note that appeals related to parenting time issues are typically challenging unless the judge makes significant errors.
In any situation where a relocation request is denied, seek the guidance of a qualified family law attorney. They can provide personalized advice based on your circumstances, explain the legal options, and help you navigate the next steps effectively.
When requesting permission for relocation, it’s important to approach the process strategically and thoughtfully.
Here are three things you can do to give your request a fighting chance:
By following proper procedures, demonstrating the child’s best interests, and justifying the reasons for the move, you can increase your chances of a successful relocation request. Communicate effectively with the other parent and consult a family law attorney to navigate the process smoothly.