Ver en Español
Free Case Evaluation Call Now

FOR MEN ONLY: 7 Things You Absolutely Need To Know BEFORE Filing For Divorce in Florida – WATCH VIDEO

Planning a Summer Move? Discover the Common Reasons a Judge May Deny Your Request in Miami

reasons a judge will deny relocation

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.

Here Are the 3 Most Common Reasons for a Denial of a Child Custody Relocation Request

  1. You Didn’t Follow the Proper Procedure to Plan 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.

  2. The Relocation Isn’t in the Best Interests of the Child

    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.

  3. The Reasons for the Move Don’t Justify the Impact on the Child

    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.

What Happens if a Relocation Request is Denied?

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.

How to Increase Your Chances of a Successful Relocation Request

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:

  • Communicate with the other parent: Maintain open and honest communication with the other parent. Discuss your relocation plans in advance and address any concerns they may have. Cooperation and reaching a mutual agreement can greatly impact the outcome.
  • Create a convincing plan: Prepare a well-structured plan highlighting the benefits of the relocation and how it serves the child’s best interests. Focus on educational opportunities, cultural experiences, and quality time with family or friends.
  • Seek legal assistance: Consult with an experienced family law attorney to navigate the complex process of obtaining permission for relocation. They can provide valuable guidance, ensure compliance with legal requirements, and present your case effectively in court.

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.

Our child custody lawyers at Vasquez de Lara Law Group are here to support you and your child. Contact us today for a free case evaluation today.

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

LinkedIn | State Bar Association | Avvo | Google