Child Relocation and Parental Custody
It is not unusual for people to move, and if you are involved in a split custody situation, you might be wondering how child relocation might impact your parental rights. Regardless of whether you are the one moving or the one concerned about how you will see your child, it is important to understand how legal custody issues might impact the process of child relocation.
Some people move because they have gotten a new job, while other people might move because they need to be closer to family members. If you plan on moving, and you have a complicated child custody situation on your hands, what do you need to know about the process?
Do You Need Approval?
There are some situations where you might need approval before you can move somewhere else. This is not universal, as you will not necessarily need to get approval if you are moving within the same city or county. As long as you are not going too far away, you probably do not need to get a parental agreement or a court order every time you move.
On the other hand, you do need to pay attention to the geographic boundaries of any orders that might impact your child custody situation. The agreement should clearly specify how far you are allowed to move before you need to get consent from the court or the other parent. If the custody order does not have any geographic limits at all, you should assume that moving outside of your state will lead to potential issues. This is one of the biggest reasons why you need to consult a divorce and child custody lawyer before you decide to move with your child.
What If the Other Parent Contests the Move?
If you want to move outside of the state, the easiest way to smooth the process out is to ask for the consent of the other parent. Clearly, this is going to depend on the relationship you have with the other parent, as well as the other parent’s relationship with your child.
If the other parent does not agree to the move, you will have to take the issue to a judge. There are a handful of factors that the judge will consider when trying to decide whether the move will be approved. They include:
- Why do you want to move? You will need to provide the judge with a clear reason why this move is important for you and your child.
- What impact is this move going to have on your child’s life? You should be prepared to show why this move is going to benefit your child.
- What impact is the move going to have on the ability of the other parent to visit his or her child? The judge will probably take a look at the visitation schedule so far to figure out what type of relationship the other parent has with the child.
- Why does the other parent want to prevent you and your child from moving? The judge will want to see whether the reasons are genuine or simply spiteful.
If you want the move to be approved, you need to be prepared to answer these questions.
How Can You Get Your Move Approved?
If you would like to get your move approved by the judge, you need to reach out to a child custody lawyer who can help you. Even though you might feel like the facts of the case are on your side, you will never know what will happen when you go before the judge. You also do not know what the other parent is going to say about your move.
A child custody lawyer has a lot of experience arguing cases involving parental relocation. If you work with a child custody and divorce lawyer, they can take a look at your reasons for moving, analyze the impact this is going to have on the life of your child, and make sure your case is put in the best position possible to be successful. The sooner you reach out to a child custody lawyer, the better your chances of having your voice heard.
Contact Setzer Law Firm for Help With Child Relocation and Parental Custody Issues
Even if you are in a split custody situation, you have the right to move. If your move is going to benefit the life of your child, it might have a better chance of being approved. We are the Setzer Law Firm, and it would be our pleasure to review your case and make sure your best interests are represented. If you are planning on moving, you need to make sure all aspects of your case work toward a common goal. Contact us today for a case consultation.