Relocation After A Military Divorce

The strong majority of military servicemembers will experience a PCS – ‘permanent change of station’ – during their careers, which requires them to move so they can call another military base home. However, servicemembers with minor children may encounter serious difficulties when trying to comply with their orders, because relocating with one’s children after a divorce almost always requires the consent of an ex-spouse if they share parenting time. The right attorney can help.

The Best Interests Of The Child

In general, a family court will always hold the best interests of the child to be paramount; while most often, this tends to be in the best interests of the child’s parents, this is not always the case. This is, for example, why Florida’s courts usually try to have both parents share custody of their children unless there is a reason not to do so. When the issue of parental relocation comes up, the best interests of the child are the first factor that the court will consider.

It is important to understand that this holds true even in cases of military relocation, where a parent is being ordered to move. The relevant Florida statute states that if a parent is required to move more than 50 miles from their previous residence, and wants to take their children, the court (and almost always, the parent sharing custody) must approve the transfer. The court must review (1) whether there is a legitimate reason to move; and (2) whether the move would be in the best interests of the child to do so.

Must Follow Proper Procedure

While military orders requiring a relocation will almost always constitute a ‘legitimate reason to move,’ the question of whether the relocation would be in the best interests of the child is often debatable. The court will consider a number of specific issues before ruling on the relocation, including the age and ‘developmental stage’ of the child, the ability of the child and non-relocating parent to preserve their relationship, and the career and any history of substance abuse or domestic violence.

Ultimately, a military servicemember will relocate to the base required by their orders – but if a court does not think the move will be in the best interests of their child or children, it will block the children’s proposed move. If the servicemember tries to take them anyway, they will, at the very least, be found in contempt of court, if not be charged with parental kidnapping. The court will also order the child’s return and place them with the non-relocating parent.

Contact A Hollywood, FL Military Divorce Attorney

If you are facing a relocation while on active duty in the military, or if you want to plan for this type of future, enlisting a Hollywood, FL military divorce attorney from The Law Offices of Steven A. Mason, P.A. can be the first step toward ensuring that all proper procedures are followed. Contact our office today at (954) 963-5900 to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html