Can I Move with the Children After the Divorce
Divorce Lawyer in Daytona Beach, FL – Carol Lee Peake - Daytona Family Lawyer – Port Orange, New Smyrna, Flagler, Ormond Beach, Deland, Palm Coast
Divorce can be a difficult and emotional process, especially when children are involved. One of the many issues that can arise during and after a divorce is whether a parent can move out of state with the children without the other parent's consent. The answer to this question depends on several factors, including the terms of the divorce decree, the state's laws, and the best interests of the child. In this article, we will explore these factors in more detail and provide guidance for family law clients who are facing this issue.
The Terms of the Divorce Decree
If you and your former spouse have already obtained a divorce decree, the terms of that decree will likely dictate whether one parent can move out of state with the children without the other parent's consent. If the decree contains a specific provision allowing one parent to relocate with the children, then that parent may be able to move without the other parent's consent. On the other hand, if the decree does not address relocation, then the parent who wishes to move will need to obtain the other parent's consent or seek a modification of the decree.
State Laws
In some states, there are specific laws that govern a parent's ability to move out of state with the children after a divorce. For example, in Florida, a parent cannot relocate more than 50 miles away from their current residence without the other parent's consent or a court order. In other states, such as California, there is no specific distance requirement, but a parent must obtain the other parent's consent or a court order before relocating with the children.
Best Interests of the Child
Regardless of the terms of the divorce decree or state laws, the court will always consider the best interests of the child when making a decision about whether a parent can move out of state with the children. This means that the court will consider factors such as the child's relationship with both parents, the child's age and developmental needs, the reasons for the move, and the impact the move will have on the child's life.
Guidance for Family Law Clients
If you are a family law client who is considering moving out of state with your children after a divorce, it is important to consult with an experienced family law attorney. Your attorney can review the terms of your divorce decree, advise you on state laws that may apply, and help you make the strongest possible case for why the move is in the best interests of your child. If the other parent objects to the move, your attorney can also represent you in court and advocate for your rights.
If you are a family law client whose former spouse is seeking to move out of state with your children, it is equally important to consult with an experienced family law attorney. Your attorney can review the terms of the divorce decree, advise you on state laws that may apply, and help you make the strongest possible case for why the move is not in the best interests of your child. If necessary, your attorney can also represent you in court and advocate for your rights.
In conclusion, the ability of a parent to move out of state with the children after a divorce depends on several factors, including the terms of the divorce decree, state laws, and the best interests of the child. If you are facing this issue as a family law client, it is important to consult with an experienced family law attorney who can help you navigate the legal system and protect your rights and the best interests of your child.
If you are in need of a Divorce or Family Law Attorney, call the Law Office of Carol Lee Peake at (386) 868-4039 for a consultation.
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