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Reasons to Object to a Child Relocation

Custody4

Once a divorce is finalized and child custody arrangements are agreed on, the newly separated family must learn to live with the changes in their dynamic. Unfortunately, after the family has grown used to their new normal, further changes can disrupt life for everyone. A common source of disruption in the lives of divorced adults and their children is the relocation of the custodial parent. When a move has the potential to disrupt the parenting time of the non-custodial parent or negatively affect the child, there are valid reasons to object to a child relocation.

Impacts Parenting Time

Parenting time being disrupted is the primary concern of most non-custodial parents who discover that their former spouse is planning to relocate with their mutual children. Depending on the magnitude of the move, the non-custodial parent may experience significant difficulties maintaining the established visitation schedule. When the potential loss of parenting time is raised as an objection to a child’s relocation, the current relationship between the child and non-custodial parent is often reviewed. Interested parties, including family court, may wish to confirm that regular visits have been taking place and explore alternative visitation arrangements.

Compromising a Child’s Education

Concerns regarding the education of the children being relocated are another potential cause of concern with a parent who does not wish their child to be relocated. Issues such as a child’s ability to stay in a high ranked school district, participate in activities that are not readily available, or concerns regarding special education needs may be cited. Depending on the age of the child, they may receive an opportunity to express their own desires regarding relocation. Often, concerns regarding a child’s education are subjective, and consulting an attorney for assistance when formulating this objection is useful.

Best Interests of the Child

The best interests of the child are always the primary concern of the court and should be the primary interest of both parents. If the non-custodial parent is concerned about their child being moved to an unsafe neighborhood, away from family, or into conditions that present a danger, they should voice their concerns. Once a custody issue is brought before a judge, the court will ultimately base their decision on what is in the best interest of the children involved. The parent who is objecting to their child being relocated will be given an opportunity to explain why relocating may not be in the best interest of their child.

When to Consult an Attorney

If you or someone you know is facing a situation involving your child being relocated by their custodial parent, consulting an attorney is the best way to preserve your parenting rights. Navigating any custody issue or objection is difficult and should not be attempted without professional assistance. A qualified family law attorney is able to provide you with the advice you need. Sandra Bonfiglio, P.A. can help to resolve custody issues and situations involving relocation in Fort Lauderdale.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html

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