Why Do Judges Deny Child Relocation Requests?
Child custody orders in Florida are legally binding. However, there are times when a custodial parent wants to relocate with their child. In these instances, custodial parents must obtain consent if the move exceeds 50 miles from the child’s current home and will last more than 60 days. If the parent who is not moving does not consent to the relocation, the parent who wishes to move must obtain the court’s permission.
After hearing from one or both parents, depending on whether the non-moving parent replies to the notice of the court petition, a family law judge will make the final decision regarding the move. There are times when a judge will not approve these relocations. Below, our Tampa child relocation attorney explains the most common reasons judges deny these requests.
Proper Relocation Procedure Was Not Followed
There are many legal requirements that parents who wish to relocate with their child must follow. For example, parents who want to move with their child must notify the other parent that they have filed a petition with the court to obtain permission for the move. This provides the other parent with the opportunity to attend a hearing or trial and argue their side of the case.
When both parents agree to the move, they must draft a written agreement. The agreement must include many important details, such as the date of the move and the reason for it. If information is missing, a judge may deny the parent’s request. Any time proper procedure is not followed, the moving parent’s request may be denied.
The Move is Not in the Child’s Best Interests
Whenever a family law judge must decide a child custody issue, they will only consider what is in the best interests of the child. If the proposed move is not in the child’s best interests or it will create substantial disruptions to their social life, education, or stability, a judge may deny the request.
The courts consider several factors to determine what is in the child’s best interests, including how the move will affect the child’s relationship with the non-custodial parent. The courts may also consider factors such as the educational opportunities in the new location. The burden is on the relocating parent to show that the move is in the best interests of the child.
The Reason for the Relocation Does Not Warrant the Impact on the Child
Parents who wish to relocate with their children must show that the reason for the move is valid and justifiable. Courts will usually consider factors such as better living conditions, employment opportunities, and support systems in the new location. If the negative impact on the child outweighs the reasons for the move, a judge will likely deny the request.
Call Our Child Relocation Attorney in Tampa Today
At Florida Law Advisers, P.A., our Tampa child relocation attorney can ensure that you follow proper procedure, demonstrate that the move is in the child’s best interests, and give you the best chance of court approval. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
