After a divorce has been finalized, most couples go their separate ways to begin rebuilding their lives. In many situations, custody issues require little need for modification or disputes. One major issue in the life of a parent with majority timesharing that can require further litigation is relocation out of the county with the minor children. If you need legal guidance on a matter of relocation, it is in your best interest to get in touch with an experienced Kissimmee or Melbourne divorce attorney immediately.
Child visitation issues come to the forefront when a parent with majority timesharing wants to move out of the state or country. Even when timesharing issues do not have the power of a court order behind them, a judge may prevent a parent from moving if the other parent enjoys regular and continuing contact with the child.
In some case, a Non-custodial parents may need to take preventative actions such as petitioning for custody or modification to keep the other parent from moving. The custodial parent will have the burden of proving to the court that relocation is necessary and would not prohibit any visitation rights that the non-custodial parent currently enjoys. A judge may also rule that a relocating custodial parent must pay for travel expenses or allow extended timesharing where the child can have more time with the other parent.
DETERMINING RELOCATION CASES
In sum, there are many factors that are considered when the court decides a relocation case, whether or not access will be maintained for the non-custodial parent, exceptional circumstances, and what's in the best interest of the child. One of the factors that the court considers is the expense of travel for the child or non-custodial parent and the involvement of that parent in the child's life. Generally, getting re-married or getting a new job are not considered exceptional circumstances that would warrant a relocation, although a job promotion may be considered due to the improved economic circumstances for the child. The best interest of the child is generally determined by examining the child's relationship with each parent, the parent's relationship with each other, and the child's proximity to other relatives.
SERVING ORLANDO, KISSIMMEE & SURROUNDING AREAS
The dedicated staff at The Bostick Law Firm can assist you with matters of relocation. Our attorney has over a decade of experience in divorce and family law matters. Our knowledge and tenacity can help you reach an outcome that is in your best interest. Contact a Kissimmee or Melbourne divorce lawyer as soon as possible to begin work on your case.