Before the statute, judges would allow mothers to take children away from fathers left and right.  If a former wife married a military guy, dad can kiss his child goodbye. Child support check every month and summers only with your child was the rule of the day.  There was never a presumption in favor of allowing a mother to move, mind you, it just happened all the time.  Just like there is no technical presumption that a mother should win custody over a father, it still is the silent presumption. The relocation statute does make a judge have to at least think and give reasons why the mother should be allowed to move. First and foremost, one should understand that the relocation statute does not apply until an actual petition for divorce or paternity is filed.  The mother can actually leave one day before these petitions are filed and most judges will say that the relocation statute does not kick in. A plain reading of the law, in our opinion, does not support this, but we have appealed the issue and lost twice.

The other time the relocation statute applies is when there is an existing timesharing order and relocation is not mentioned.  The best way to prevent a parent relocating is to consistently exercise your timesharing.  Even if you only receive every other weekend, do it religiously.   Another great way to combat a parent leaving is to visit teachers and be very involved with school and extracurricular activities.  If you can show that you are a very active parent, it would be very hard for the judge to allow the mother to leave.  The factors are in the statute regarding what the judge must look at.  Essentially everything always boils down to the best interest of the child, and the relationship the child has with the non-relocating parent.  That parent needs to be extremely involved.  But, probably the biggest single thing that we can fight with is the factor that says basically the likelihood of the relocating parent will continue to foster the relationship between the child and non-relocating parent.  In this regard, the non-relocating parent needs to write down every single thing that they believe the relocating parent will do to not foster this relationship.  If the relocating parent has been difficult while they have been in town, clearly they are going to be that much more difficult when they move hundreds of miles away.  Every single time the relocating parent either turns down extra timesharing requests or makes things difficult for timesharing or basically does anything negative no matter how small, this can be used as evidence to prevent them from leaving.  hildren away from fathers left and right.  If a former wife married a military guy, dad can kiss his child goodbye.  Child support check every month and summers only with your child was the rule of the day.  There was never a presumption in favor of allowing a mother to move, mind you, it just happened all the time.  Just like there is no technical presumption that a mother should win custody over a father, it still is the silent presumption.  The relocation statute does make a judge have to at least think and give reasons why the mother should be allowed to move.  First and foremost, one should understand that the relocation statute does not apply until an actual petition for divorce or paternity is filed.  The mother can actually leave one day before these petitions are filed and most judges will say that the relocation statute does not kick in.  A plain reading of the law, in our opinion, does not support this, but we have appealed the issue and lost twice.

If you need help with a relocation issue, contact Kenny Leigh & Associates.  We have six offices, Jacksonville, Fleming Island, Gainesville, Daytona, Ft. Walton Beach, and Boca Raton to help you.  Visit our website at www.menonlyfamilylawonly.com
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