It’s very common for spouses to want to make a fresh start after a divorce. For many people, that’s a great option. However, for those with minor children, if both parents aren’t in agreement about the move, it may not be allowed to happen. It’s best if both parents can agree in advance about the move. This may be possible with mediation.
If both spouses aren’t in agreement about one spouse’s move, there will be a hearing in a Pasco County or Hernando County court about the move. Generally, there are a couple of ways that a case may end up in court over a relocation. A parent who wants to move away may ask for a modification of the existing child custody order to request a new visitation plan, as well as permission for the move. Or the other parent who isn’t moving may ask the court to prevent the other parent from moving away with the children.
At the hearing, a judge will decide whether or not one spouse is allowed to move away with the children. The court’s main concern is not the happiness of the parents – it’s what’s in the best interests of the children. If you are asking the court to allow you to move away, you should put together evidence about why the move will be in the best interests of the children.
One reason you may wish to move is for financial reasons. You may have been offered a better job, or you may want to move so that you can move in with family members to save money. If that’s the case, you should present evidence about how the move will be a positive step for the children’s financial situation.
You may be moving to be closer to family. You may have extended family in another location that could offer you more support than you are currently receiving. You should present evidence about the family members available in the new location and the assistance they could offer you. You may also be moving to get married. Just presenting evidence of the marriage alone is usually not sufficient – instead, you should focus on why the marriage would be beneficial for the children.
If you wish to move away with your children after a divorce, and the other parent is not in agreement, be prepared to put forth a detailed case about why the move would be in the children’s best interests, as well as what you could do to allow the other parent to remain in the children’s lives. It’s important that you make a strong case in court so that your request is not denied.
If you are looking for an attorney to help you in your relocation hearing, call New Port Richey, Florida, divorce attorney Dale Bernstein at 727-478-3250. He works in the divorce courts in Pasco, Hernando, Pinellas and Hillsborough Counties, and will be happy to speak with you about your case.