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What’s the best way to defend against a child relocation?

On Behalf of | Dec 20, 2018 | family law

Your ex-spouse — the mother of your child — has received a new job offer outside of Florida, and now she wants to move away with your son or daughter. You said “no” to the request, but she is being insistent and has filed a legal petition to gain permission from the court for the move. Now, you need to get organized and prepare a defense against the petition.

Here are a few things to consider for your defense against your spouse’s wish to relocate with your child:

Your child custody orders probably do not allow for a relocation

In most situations, if you have legal custody with visitation rights, you probably have the ability to refuse permission to your spouse. Unless your spouse has an extraordinarily good reason, the court will honor the child custody agreement or child custody orders and say “no” to your spouse’s wish to relocate.

Show it serves your child’s best interests to stay

Courts generally support the notion that a child’s best interests are aligned with the ability to spend as much time as possible with both parents. Nevertheless, it could help to show the court how and why your child benefits from your relationship and visits with one another.

Provide evidence of your relationship

Another thing that can help is to show the court evidence of the time you spend with your child and what you do in terms of child care activities. A parenting journal is a great way to show your involvement in your child’s life in this regard. Photos are another great source of evidence.

If you need to defend against a child relocation request, learn more about your parental rights and options by speaking with the qualified staff at our law firm now.