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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I currently am filing. I have a 1 year old son and want to

Customer Question

I currently am filing for Divorce. I have a 1 year old son and want to continue studies to get a degree but would be much easier studying in Puerto Rico because my entire family is there and can watch the baby for me while I study. Currently I live in Miami and so does the father. Is it possible for me to take my son with no problem? since it to better my future?
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

I dislike being the bearer of bad news, but realistically, unless your husband agrees to allow you to relocate your child out of the US, it is going to be all but impossible to get the court to grant you permission to relocate to a different country with your child.

The court looks not at what will be best for you in deciding whether to allow you to relocate out of the state, but at the best interests of your child and the rights of the non-relocating parent to reasonable visitation. Because visitation would be almost non-existent if you leave the country---if he objects I would expect the judge to disallow the move you want to make. I am very sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

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Thank you in advance. I wish you the best in your future,


Expert:  LawTalk replied 1 year ago.

Some of the issues the court looks at when a parent seeks permission to relocate out of state/country with their children are as follows:

1. Whether the move would result in a better quality of life the children
2. The extent to which the remaining parent exercises visitation rights with the children.
3. Whether that parent is willing to allow their children to spend longer, though less frequent, visits with the other parent, if the court approves the relocation.
4. Whether the child will be in close proximity to extended family members at the new location.
5. The quality of education and the quality of life the child would have access to at the new location.
6. That the relocating parent is prepared to pay for the increased expenses associated with the children’s traveling to and from visits with the other parent.
7. And, that the relocation is not simply an attempt to limit the other parent’s time with the children as some sort of punishment or attempt to be controlling.
8. Always, the primary consideration for the court is whether the move would be in the best interests of the children.

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You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,


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