4 Tips for Winning a Move-Away Child Custody Case : Divorces with children are always more complicated than for couples without kids. The arguments over custody may take you months and even a year to settle. Plus, if you plan to move away together with your children after divorce, don’t expect the process to run smoothly and fast.
If you are in a similar situation, get prepared well and learn the following tips on how to file for divorce in Florida for a successful end.
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Start with Cooperation
Before you get ready for a win-lose battle over your custody, start by stretching out a hand of cooperation. The case will go with less turbulence and your children will suffer less if their divorcing parents are ready to negotiate and find a compromise.Instead of counting the odds of winning a relocation case, try to persuade your partner that you need to move away with your kids. Provide thorough reasoning. Display your kids’ interests as your key priorities. Come up with a compromise that will guarantee comfortable conditions for you, your soon-to-be-ex, and your children. This will help you decrease the time and money wasted in the process. Plus, this will be you who decides the custody conditions but not the judge who determines your fate.
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Consider What to Expect from Court
If you cannot or don’t want to come to an agreement on child-related issues, get ready for an out of state custody battle. To get your child relocated together with you, you have to hand the relocation request to the court. The judge can define in your favor or against it considering the following factors:
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- the motif – why you want to move away is your personal issue and you cannot be made to disclose the reason. Yet, the court may look at whether you are relocating in good or bad faith. For example, if you change the place of living to guarantee better living conditions for your children, the approval is more probable than when you just wish to keep your kids away from your partner as much as possible;
- age – the move will have an impact on your kids no matter how well you organize everything. The younger the children, the more they may suffer. A judge may count it, too;
- distance – the judge will also look at how far you move and how the parent can visit a child, how much they will spend on the commute, how long it will take to get to you, and whether such a distance is a reasonable choice at all;
- custody changes – any fluctuations in custody and the kid’s schedule will have a negative impact on the kids. So, if your move creates much turbulence, its necessity may be doubted;
- the child’s preferences – considering the age of the kids, the court may ask how they treat the relocation;
- relationship history – the judge will also consider how well you get along with your partner, how successfully you handle the current custody agreement, and how easily your soon-to-be ex manages to access your kids. This will help the court predict your further cooperation, too;
- child-parent relationships – the judge may also review how each parent gets along with the kids;
- each parent’s reputation – the history of domestic violence and abuse is also considered along with drug or alcohol abuse by each of the parents;
- the child’s needs – the court may look at whether children have school, extracurricular, health, and other needs that may require a special approach.
Before the final decision is made, the court will look at these and other factors that guarantee that you are the parents who raised successful adults and guaranteed their wellness in the best surrounding possible.
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Hire In-Field Attorney
If you predict your partner may oppose your wish to relocate with your children, your desire won’t be enough to grant you chances for positive outcomes. Your must for success is an in-field attorney by your side. It is better when the lawyer you decide to hire has already had similar cases in their practice.
The best suitable expert will help you come up with good reasons to relocate a child, build up an image of a trustworthy parent, and make your success closer than ever. If you wish they may help you to come to a peaceful agreement with your spouse if possible or overbeat them in court in the opposite case.
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Prioritize the Child’s Best Interests
No matter what great ideas you have about organizing your nearest future with the kids, what concerns you have about survival parenting or permanent relocation, any of your initiatives or cravings must be guided with your child’s best interests as main priorities. As long as you both care about your children, it will be easier for you to come to terms with your partner. If not, your goodwill about the child’s well-being will be noticed by the judge and treated accordingly. Anyway, thorough preparation and good faith as to child custody will help you win the case despite any complications.
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