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I currently am filing. I have a 1 year old son and want to

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I currently am filing for...
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: 2 years ago.Category: Family Law
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Answered in 6 minutes by:
9/10/2015
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 2 years ago
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,855
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified

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.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

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

Doug

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Family Lawyer: LawTalk, Attorney and Counselor at Law replied 2 years 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.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

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

I wish you well,

Doug

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LawTalk
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,855
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Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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