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Can I fight my ex moving our kids out of state?

by | May 31, 2019 | Firm News, Relocation |

In generations past, it was common to grow up and marry someone from your hometown, settle down in the same community, rear your children and work at the same job for 40 years. Other than for annual vacations and overseas deployments in times of war, some people never left the area in which they were born and raised during their lifetimes.

Those days are definitely in the rearview mirror, however. We are now part of a very mobile society. People change jobs and move regularly today. But what happens when Orlando parents divorce and one parent plans to relocate out of state for work or other reasons? Can they take the kids with them?

Certainly, if the other parent consents, it is possible. But inevitably, these parental relocation moves create barriers to regular parenting time with the kids, so it is common for the parent who remains in the Orlando area to object. When that happens, the case may head to court to be determined by the family law judge.

The court must always be guided by what is best for the child — not either parent. There are circumstances where the move might indeed be in the child’s best interests. For example, it might open new economic doors for the parent if the move involves a promotion. That, in turn, can substantially improve the child’s quality of life.

But suppose the child is very entrenched in their school and extracurricular activities. They may have made the varsity football team or be cheerleader captain. If they are older and nearing graduation from high school, they may dread being uprooted from the classmates they’ve had since kindergarten and fight tooth and nail to remain here in Orlando with their other parent.

In those cases, it is very likely that the court would rule that the kids remain here and the other parent would have to accept having less access to their children.

If this is a concern for you, you should address it with your family law attorney. They can file a petition with the court to have the matter heard by a judge. If the outcome is unfavorable, the next step is an appeal.