Life is constantly changing and it can be difficult to know what the coming months will bring. This can be especially true after a marriage has come to an end. A living arrangement which may have been in the family’s best interest at the time of a divorce, may not be the optimal situation moving forward. After a divorce, parents who share joint custody may not be able to make the decision to move alone. When spouses go through a divorce, rules are typically set in place, regulating when and where a parent can relocate.
The parent who wishes to relocate must give proper notification to their former spouse, outlining the details of the proposed move. When both parents are in agreement, they are given the opportunity to decide on the terms of a move on their own. However, if a disagreement exists, the issue may be brought before a judge. When ruling on post-divorce agreements such as relocation or on modifications to existing agreements, a judge will consider what is in the best interest of the child.
In determining relocation, a judge may consider factors including:
- The reasoning for the requested move
- The child’s educational opportunities
- The ability of each parent to spend time with their children
- How the proposed move will affect a parent’s ability to provide for the child
Except for in cases where one parent presents a direct danger to a child, such as with domestic violence, courts favor awarding joint custody which keeps both parents in the life of a child. In order to modify or remove restrictions on relocation, a parent must typically show that a substantial change in their situation has occurred. For example, if a parent gets a new job or is transferred to a position in a different city, allowing them to better provide for their child, a judge may consider relocation. Typically, when a relocation occurs, post-divorce agreements such as child custody and child support must also be modified to better fit the new situation.
Compassionate Family Law Attorneys
The terms of relocation, child custody, and support can come to affect your family for years or even decades to come. Whether you are requesting a relocation or attempting to contest a move, the Adams Law Firm can work tirelessly to protect your family’s interests. The success of your case can be greatly influenced by your ability to communicate precisely how the proposed move will affect your family. OurKaty family law attorneys can fight tirelessly to see that your voice is heard in the courtroom.