Child custody relocation isn't uncommon following a divorce or separation. But there are rules to protect the best interests of the children that parents should keep in mind before moving. Even if you're facing tough economic times and feel you have no other choice, be sure to weigh the following considerations before you relocate with your kids.
It can be scary to think about your child's other parent moving away, especially if they would like to move with the kids. It may also be difficult to ascertain when a move for yourself would be a reasonable request.
Child custody laws vary by state, and the kind of legal and physical custody you have will determine the level of involvement of the court. Every court will consider the best interests of the child when evaluating a relocation request from one of the parents. Some situations may be considered more "good faith" than others.
Good Faith Moves
Bad Faith Moves
In addition to the motivation of the parent who is looking to relocate, the court will also consider the existing involvement of the other parent when evaluating if a move is reasonable. For instance, if the other parent does not abide by a parenting time agreement or is otherwise absent in their child's life, that parent's objection may not hold a lot of weight in court.
Remember that the court's primary intention is always to support the best interests of the child. Quite often, as part of the best interests standards, when the custodial parent and the non-custodial parent head to court over relocation-related disputes, the courts will rule in favor of not disrupting the children's lives any more than necessary.
That means that the parent who plans to relocate with the child will have to convince the court why a move would benefit the child, while the parent who is not relocating will have to prove that relocation is not ideal.
Best interest standards vary by state, but generally, you should be able to answer if a move enhances or maintains the following for your kids:
The relocating parent should anticipate having a very difficult burden of proof in court.
Phone: (920) 684-6694
Address: 846 North 8th Street Manitowoc, WI 54220
Other Address: P.O. Box 609
Manitowoc, WI 54221
Phone: (920) 684-6694
Address: 846 North 8th Street Manitowoc, WI 54220
Other Address: P.O. Box 609
Manitowoc, WI 54221