When you have a child custody order in place with the other parent, a relocation can put a damper on things. Either from you or your spouse, this makes visitation much more difficult for your child, who will now be separated from the other parent for a certain amount of time. In many cases, one parent is not happy about the relocation and so it will be left to the courts to decide. The court will decide on this based on the best interests of the child, and we will help you understand what options are laid out for you.
Requirements for Relocating a Child
Express Consent: If there is a specific agreement in place that proposes a new visitation schedule with the relocation, it could be considered. However, this is usually something that takes place at the first child custody hearing, as it is something that is discussed often.
Notice and Consent: The custodial parent may choose to give written notice of an intended move within a certain amount of time. The noncustodial parent can either approve it or object by filing a motion to prevent it.
Distance: Sometimes, the distance will dictate whether or not a parent will be able to relocate with their child. If the relocation is within the same state, this may be an insignificant factor, especially with a new visitation plan in place.
Good Faith Burden of Proof: Sometimes, the courts will want to see a “good faith” reason for the move. Some of these reasons include a better cost of living, a new job offer, a way to continue your education, and more. If the court believes that you are moving away in bad faith, such as taking revenge on your ex, they will not allow the move.
Visitation Schedules and More: If the relocating parent can come up with a new visitation plan that works for everyone, the move will typically take place as expected. However, this will call for a change in circumstances that either party may not expect, which is when they must decide whether to go and modify or not.
There are many reasons why you believe a move would be the better option for you and your child after a divorce. If you have opportunities and believe that you can come up with the best visitation schedule that works for your child and the other parent, you may be able to relocate. But you should always talk to us about your options in regards to child custody, so give us a call today!
