Family Matters Law Group P.A.
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A better job, a big move and child custody modification

Let us say that you have physical custody of your 10-year-old daughter, Mary. You and your former spouse divorced three years ago, and you have both adhered to the terms of the custody agreement.

However, life changes. The company you work for has offered you a promotion, but the new job means relocation for you and Mary. Will the court approve your petition for child custody modification?

About the proposed move

The new job will take you from Miami on the east coast of Florida to Fort Myers, located on the west coast. In discussing the move, the other parent expressed concern about distance. Drive time between the two cities is just under two and a half hours, which should not pose problems with respect to visitation. You and your ex developed a plan that you believe will work.

Questions the court will ask

In any matters regarding custody decisions, the best interests of the child are always top of mind. The judge will want to know about the research you have done on behalf of your daughter. For example, what kind of school will she attend in Fort Myers? What kind of neighborhood will you live in? Are other children her age nearby? Other matters the court will consider include:

  •         How you and the other parent have reworked the visitation schedule
  •         Whether the new visitation plan is practical
  •         How much the move will disrupt Mary’s life relative to her schooling and friendships, for example

Preparing to appear

Your attorney will be invaluable in helping you prepare your petition and your appearance before the judge, who will want to know your motivation for the move to Fort Myers. You should be ready with backup from your employer, perhaps a document confirming your promotion and the relocation requirement. You should also be ready to provide any information pertinent to Mary’s new life in Fort Myers. Remember that her happiness, need for stability and continuing contact with both parents form the foundation on which the court builds its decision about modifying your child custody agreement. 

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Family Matters Law Group P.A.
6950 Cypress Rd.
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Plantation, FL 33317

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