Relocating Your Child to Another Country

When you have a child with someone else, you could lose your freedom to move where you want. If you want to relocate your child to another country, you need to do so legally and in accordance with family law.  Find out the rules regarding relocation abroad.

Why Does Relocation Matter?

There are two reasons you can’t relocate with your child without taking the proper steps. First, there’s the fact that your original state loses jurisdiction over your custody case. Secondly, there’s the fact that the non-custodial parent would find it difficult to maintain a relationship with the child. Issues like visitation become extremely challenging.

In an effort to prevent trouble, the court limits a parent’s ability to move to another country. It is possible, but the parent needs to do so in accordance with divorce law in Miami. You can speak to a child custody and child support law firm in Miami for more information on the subject.

The Laws Regarding Relocation to a New Country

There are laws that relate to a custodial parent from moving from state to state. Those same laws are relevant to relocation to another country. Each state has different laws regarding relocation, but there are some basics you should know.

Before you can relocate, you need to go through the proper channels. This means filing a request with the court or making an agreement with the other parent. If you don’t have court approval, you cannot move. Doing so would be in violation of your custody agreement. If you want permission to move, you should speak with someone who has knowledge of custody and child support law in Miami.

The courts generally allow a parent to relocate to a new place. However, there are limits. The court won’t allow a parent to move if the move is in bad faith, malicious, or an effort to keep the parent away from the child.

That said, states in the US take different approaches to relocation. Here are those approaches:

1. Traditional View

In some states, there is a traditional perspective. They believe that a move should only be allowed if it’s in the child’s best interest. In these states, you need evidence that the relocation is for the child’s benefit. If there is a lack of evidence, the court could could deny your request.

2. Permit Relocation in Most Cases

Other states take a more welcome approach. Typically, they allow for relocation. The only time they will deny a request is if there is proof the move will negatively affect the child.

3. Case-by-Case Approach

In the remaining states, there is a case-by-case approach. They look at each situation and attempt to determine what outcome would be in the child’s best interest.

Florida has a long list of relocation requirements. And other states have similar regulations. If you want to move, you should look into your state’s requirements.

Fighting Relocation

A non-custodial parent does not need to allow the other parent to relocate. In fact, there are two common options for fighting relocation. For one, you can request a modification of your custody agreement. By becoming the custodian, you have an impact on decisions regarding your child.

You can also fight the relocation request. However, you need to show that the move isn’t in your child’s best interest. This could prompt the court to deny the request. In this situation, you could benefit from working with a custody and child support lawyer in Miami.