When it comes to custody disputes, few circumstances are likely to be more contentious than the prospect of relocation. That said, there are also situations where both parties are in agreement on the right of one parent to relocate with a minor child. In either situation, a court will have to agree to modify an existing custody order to allow relocation.
If you are involved in a relocation dispute, The Aberdeen Law Firm is here to help. Our team of family lawyers is here to advise you on your options and guide you through the legal system. Reach out to a child relocation lawyer from our firm as soon as possible.
Some Parents See Eye-to-Eye on Relocation
Despite the potential for conflict, some parents are on the same page when it comes to relocating with a minor child. In these cases, relocation is generally not an issue if both parties agree to it. That does not mean the court does not have a say in the process. If there is an existing child custody and visitation order in place, the court must issue an updated order allowing for relocation with the child.
There are serious consequences for failing to do so. Even if the other parent initially agrees to relocation, conflicts could arise at a later date. If a parent relocates without first seeking approval from the court—even with the consent of the other parent—a future motion to enforce the original child custody agreement could be problematic.
An attorney from The Aberdeen Law Firm could provide invaluable guidance even when the other parent does not object to relocation. By updating the terms of the custody and visitation order, you are protected from a future change in the relationship with your co-parent.
Legal Action Is Necessary If a Parent Objects to Relocation
Often, the non-custodial parent will raise objections to relocation requests—especially if the relocation would take the children far away. In these cases, the parent seeking to relocate must file a petition with the court to modify the terms of the child custody agreement. Moving interstate with the children without a modification of the child custody agreement could result in serious consequences.
It is important to note that every jurisdiction handles these cases differently. Different courts will consider different factors when deciding if relocation should be permitted or not. However, the guiding factor in all of these cases is the best interest of the child. When considering a child’s best interests, judges will take into account some or all of the following factors:
The Reason for Moving
A judge will pay careful attention to the parent’s reason for relocating with the minor child in tow. The key issue is whether or not the relocation request is made in good faith, or if the purpose is primarily to interfere with the rights of the other parent. Some common reasons for relocating include improved job opportunities or a better environment for the children to obtain healthcare or an education. The court is more likely to deny relocation if it appears the motive is to alienate the other parent.
Degree of Disruption
While the child’s best interests are paramount, the court will take into consideration how much relocation would disrupt the life of the noncustodial parent. If the distance between the parent and the non-custodial child becomes significant, the custodial parent will need to present a plan to ensure the relationship between parent and child is maintained. A non-custodial parent’s history of consistently caring for the child on their allotted visits could also have an impact on the outcome of the case.
Relationship With Other Family Members
The judge will also consider the impact relocation will have on extended family members beyond the noncustodial parent. This could include how a move might impact the child’s relationship with half-siblings or grandparents who live nearby.
Wishes of the Child
Some courts will take into account the preference of the child. However, this issue is decided differently from one state to another. A judge will typically only take into account the wishes of children over a certain age. The Aberdeen Law Firm can advise you on whether the wishes of the child will be heard in your case.
Other Factors
The issues that the court considers in relocation cases can vary from state to state. What’s more, a judge has the power to consider any factor that they deem relevant to your child’s best interests. An attorney from The Aberdeen Law Firm could help you make the strongest case possible by relying on all the relevant facts.
Complying With Existing Court Orders Is Critical
Regardless of what the judge ultimately decides, it is vital that both parents comply with any existing court orders. This is true while the case works its way through the judicial system, too. Even if you are confident your argument for relocation is strong, moving the minor child out of state before the court gives you the green light is a violation of the existing court order.
Violating the court order could negatively impact your relocation case. What’s more, you could also face penalties if you are found to be in contempt of court. This could include fines, incarceration, or the additional loss of parental rights. The best option is to comply with the existing court order and let our team of experienced lawyers advocate for you during your relocation case.
Contact Our Child Relocation Lawyers Right Away
Whether you are seeking to relocate or are concerned about the possibility of your co-parent moving away with your child, it is important for you to seek out legal counsel right away. Child relocation can have a major impact on the relationship between you and your children, and it is vital that you make the strongest case possible.
The team at The Aberdeen Law Firm understands what is at stake in every child relocation case. We look forward to the opportunity to fight for your parental rights. Contact us right away to discuss your options during a free consultation.