Sunday, October 7, 2012

Chances of relocating with my child after a divorce?

Question by : Chances of relocating with my child after a divorce? My husband and I are currently going through a very nasty divorce. I was severed with papers while he was working overseas as a contractor. (He does come home every 6 months or so and spends two weeks here but has our daughter for only a week of that time and she is normally with a babysitter while he is at the gym or some other nonsense.) He is trying to fight paying the full amount of child support based on the Florida standards and just dragging this divorce out however he is able to. As soon as this divorce is over, I would like to relocate to another state with my daughter and my current boyfriend as we both have better job opportunities and support from both of our families. Being as though he chose to take this job overseas instead of staying here to be near his daughter and has no plans to come back for at least another year or so.... How good are my chances of winning the relocation if he chooses to try and block it? (I do have emails from him saying how much he likes my new boyfriend and would never try and block my daughter being in a healthy environment if we have to move.) My attorney doesn't think it will be a problem to come to an agreement and have this included in our papers but I'm wondering if anyone has gone through a similar case like this and what the outcome was. Best answer:

Answer by roh P
Your chances will be good because he only sees her for 1 or 2 weeks in a year, so it is arguable that he can travel to where she is living during his relative short visit and see her there , or arrange to move her to where he is living within your country of residence during his visit from his work country. If there is no court order restricting you movement and relocation, simply let him know in advance and give him reasonable options to see his child, including room for him to make suggestions, and do it in that fashion. I would go as far as saying that if the intention to move is well founded and not motivated purely to deny him access to the child, and if you are willing to facilitate his access within the relocation, then you will be fine to do so even without informing him in advance. However, I think you should take reasonable steps to inform him in a way that is not confrontational ( in writing), so that you are totally in the clear. It simply has to say: Dear X I have compelling reasons to move to Y. Both my partner and I have got good jobs there. We can't afford to give up this opportunity. Therefore I have to inform you that you can see Z in Y during your visits to this country. In the alternative, you can make arrangements to fly her to where you are in this country during the visits. I am willing to hear from you with suggestions as to how it will be conveniet to see considering the move. Thanking you in advance and looking forward to hearing from you with your response. Yours sincerely ..... See a lawyer.

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