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What courts consider when one parent relocates

by | Dec 20, 2016 | Firm News, Relocation |

Few things are as tough for a court to decide as a relocation child custody case. Two parents who live near each other may not have a hard time initially agreeing on a child custody plan where both are still heavily involved in the child’s life. When one decides to leave Florida and move to Maine or Texas or California, though, it can mean one parent realistically loses that relationship.

Sometimes, there’s nearly no way around it. The parent who is moving may have to go for work or because of a second marriage. The move is going to happen, and it’s going to be a huge change.

At all times, the court is going to consider the best interests of the child. This isn’t an ideal situation, but what works best for that child has to be the main goal, no matter what that means for the parents. The court will look at factors like:

— The child’s age and how much he or she needs to be with one parent or the other.– Why the parent is moving. The court doesn’t want parents to move out of spite or only to take the child away from the other parent.– Where the child would rather live. Some children, especially in high school, may not want to move at all, leaving behind peer groups and classmates.– What relationship the child has with both of the parents. This is a bit tricky, but, if the child is much closer to one parent than the other, the court doesn’t necessarily want to break that up.

This is a tough situation that will drastically impact you, your ex and your kids. If you have any questions or want more information before heading to court, our website can be very helpful.