It’s Your Legal Right & Our Priority

It’s Your Legal Right & Our Priority

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Relocation: Moving After A Divorce

For many and varied reasons, some people are forced to relocate to keep their jobs, find new employment, or be near family. Although adults are usually free to move as they’d like, after a divorce, there are restrictions about relocating their children. The relocation of children is governed by Florida law; therefore, parties either need permission from the judge or consent from the other party to do so.

When a parent is interested in moving, it is important to work with a Fort Myers relocation attorney who can help make sure the courts understand your reasons for needing to leave or reasons for keeping the children in the area. At O'Halloran & Simmons, PLLC, we have successfully represented both sides of this issue.

Factors in Florida That Influence Your Ability to Move

Parental relocation is often a challenging topic because it is one of the few areas of family law that leaves little room for compromise. A parent may move or not move. There is no middle ground. If a parent is interested in relocating his or her child, he or she must either receive consent from the other parent or receive permission from the court. Failure to get permission or consent means the children may be brought back to their original location.

When the court is assessing whether they will allow an individual to relocate with their child, the primary consideration is the best interest of the child. This is determined by looking at several factors, including:

  • Age of the child
  • Feasibility of preserving the relationship between the relocating parent and the non-relocating parent
  • Relationship of each parent with the children
  • Reasons for the move
  • Impact the move will have on the children’s physical, educational and emotional development

Contact an Experienced Fort Myers Parenting Plan Attorney

The courts recognize the importance of having both parents help raise the child; but there is no presumption for or against parental relocation. When you contact our firm, we can help make sure the courts understand what is in the best interests of your child. Call 239-603-6337 to schedule your initial consultation with an experienced lawyer to learn more about your options.