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How to Prevent Child Relocation After a Divorce

How to Prevent Child Relocation After a Divorce

Going through with a divorce arrangement can be quite draining on the parents both physically and emotionally. Whether you have been seeing the cracks on the wall and have had it coming for a while or the whole situation hits you unexpectedly, one of the many damaging aspects of the process is arguably child custody and alimony after the process. While many people bother about the finances in a high-asset divorce case, children are usually on the farthest part of the receiving ends especially when at younger ages.

In cases where neither parent has demonstrated any incompetence in the past nor have any of their characters questionable as to suitability for child custody, amicable arrangements may be made for a visiting parent to ensure that children has the continued influence of both parents in their lives. In other case, one of the parents may get custody of the child and may decide to leave town to start afresh in a new environment.

Often, a new job, desire of new scenery or education purposes can lead to relocation, leaving the non-custodian parent with drastically diminished time and access to the child or children. If this is being envisioned, are there things that can be done by the non-custodian parent to prevent the child relocation after a divorce? Here are a few insights to help with the issue:

1. Notice provisions

One of the few things that can be done to prevent the child relocation after divorce is to include a notice provision into the terms of the divorce settlements agreements alongside the divorce decree documents. This inclusion explains that before any parent with the custody of the children (custodian) that are classified as minors can move out of the state with the children, he/she must notify the other parent (non-custodian) in advance of any such moves.

Using a notice provision aims to tackle unwarranted and uninformed movements of children by the custodian parents without the knowledge and consent of their divorced spouse either for legitimate or spiteful reasons. The notice provision also allows both parents (particularly the non-custodian parent) to arrange acceptable and convenient visitation schedules that is mutually agreed upon by both entities and should that fail, the provision leaves the non-custodian parent with enough time and opportunity to make objections to such movements and ask for the intervention of the court.

If you have a child in joint custody and your partner is trying to relocate them without your consent, you are advised to speak to a family law practice in Orlando to help guide you on how to prevent such illegal moves.

2. Craft a backup plan

Another option that does not include a lot of legal documentation and simply falls within the context of maturity and understanding is to have an alternative plan that serves as the automatic go-to option when one parent is moving out of town. This is usually highly effective when one parent has already envisioned such relocation or moves of such have already been made to the other parent by their divorced spouse.

This option can mean that the kids may have to stay with a relative pending the return of the parent to town or arranging a convenient schedule that allows the non-custodian parent to have a convenient visitation period with the children. Creating an alternative visiting schedule is a great way of avoiding unfriendly and costly disputes that could erupt at the end of the day, but the success of this option in particularly rests on the abilities of both parents to compromise and level understanding of the importance that either parent carries in the lives of their children.

This method works more with divorces that ended through amicable mediation as compared to those which came from acrimonious legal dissolutions after long-drawn out court battles.

3. The No-Relocation clause

The no relocation clause is the last contribution that can help either parent to manage the relocation situation in a number of ways. This clause may also be inserted in the divorce decree and settlement documents and although it could be placed in different terms, the decree essentially restricts the movement of a child outside a particular town or city, or prevents the child from being relocated beyond a particular distance from either parent in the settlements.

A reputable and competent family law practice in Orlando will help you in this regard and come up with a professional no-relocation clause condition that can be inserted in the agreement and ensure that you are always close to your child despite a divorce from your spouse.

While all three of these tips are very insightful and helpful to prevent relocation of the children that may be involved in a divorce, it is imperative to emphasize that the court may overrule any previously filed divorce decrees and complaints if it so perceives that the relocation is of good faith and will be in the best interest of the children.

Bad behavior, physicians abuse, alcohol and drug problems that can render one parent as unsuitable to take care of the children can also count against non-custodian parents if complaints about these behaviors are presented to the court by the custodian or no-custodian parent. For genuine relocations that are not spiteful or done to prevent communication between a child and either parent, a mediation or mature discussion should be held between the two divorcees to discuss the new modalities for visiting the children.

Parents are also advised to weigh in on how their decisions affect their children in these periods. Ideally, every child should never be torn apart and obligated to take sides with either parent. Instead, each parent should strive to ensure that the kids spend adequate time with their divorced spouse.

Separation discussions should also be made when kids are out of earshot and parents should play a key role in ensuring that all their kids remain united. Divorces are often emotionally challenging for all the involved parties and if kids are not weighed in to the potential damages, it can have a negative impact on their social, moral and academic lives.