The issue of relocation is one of the many reasons people need a child custody attorney. This is perhaps the most complicated issue that two divorced, or divorcing, parents can face. Neither parent can simply relocate the children without the consent of the other or the approval of a judge. This is supposed to protect the rights of both parents, but can also be fairly restrictive.
Relocation can be something as simple as moving outside of the school district or as complicated a moving across the country. If the kids are in school, any move away from that school may be considered a relocation and require some form of agreement. When this happens, the parent that wants to move has to file a notice of relocation and the other party has the right to agree or fight to prevent the move. If the parties can’t agree, both sides will likely work with a lawyer.
When evaluating a request for relocation a judge is likely to consider these things:
What is in the best interest of the child? This is ambiguous but something that the courts try to live by. They come to this conclusion usually after listening to witness testimony and evaluating the case facts presented by your child custody attorney.
Will their relationships be interrupted? How will the move impact their relationship with both parents, siblings, and other family members? The court will want to see that their relationships can be preserved as much as possible and will look for a plan to do so.
What is the reason for the move? The moving party needs to show that there is an important reason for moving such as a job, family support, etc. This reason is unique for every situation but one must exist because the case is built around it.
What is the current custody arrangement? If the moving parent already has primary custody, the relocation is more likely to be granted. If, however, custody is shared or the moving person has minority custody, it is more of an uphill battle and requires a strong legal case.
Relocation is extremely challenging for both parents because there are no sure bets. The judge has the authority to grant or deny relocation based on their personal thoughts and opinions. It is up to a child custody attorney to make a case for why the relocation should be allowed. This is not a time to hold back but rather to use all of the information and resources you have to build a strong case that includes witness testimony. Otherwise, you are likely to lose.
One thing you can consider is asking the court to appoint a guardian ad litem to the case. This person will evaluate the children with you and with your ex-spouse. By watching your interactions and how they behave around each of you, will give them the information they need in order to make a recommendation. Their opinion is highly valued by the court since they represent a third and un-biased party’s opinion.
If you are considering relocation, don’t hesitate to hire a child custody attorney.
