Relocation And Child Custody: Navigating The Legal Challenges

If you share custody of a child and plan to relocate, there are several legal challenges you must consider. In fact, many parents consider hiring a child custody lawyer to help them navigate the complexities of relocation and child custody. If you plan to relocate, here are a few things you need to know. 

The Impact of Relocation on Child Custody Arrangements

Under normal circumstances, the court considers several factors when determining child custody arrangements. These include the parent's relationship with the child, each parent's financial and emotional ability to provide for the child, and the child's wishes (if they are age appropriate).

When one parent relocates with a child, the court must consider how this affects these factors and whether or not to adjust the custody arrangement.

Notifying the Other Parent

If you plan to relocate with your child, the court requires that you notify the other parent of your intentions. This means sending written notice of your relocation and where you intend to go.

The court also requires that you offer the other parent an opportunity to negotiate a new custody arrangement. If the parent disagrees with your proposed relocation, they can file an objection with the court.

The Best Interests of the Child

No matter what custody arrangement is in place, courts always consider the best interests of the child. This means that any relocation must benefit the child in some way. 

The court will assess several factors before making a ruling, including the child's relationship with each parent and any special needs or health concerns of the child.

Presenting a Strong Case in Court

If the other parent files an objection to your proposed relocation, both parties must appear in court. During this hearing, each party will need to present their case as to why the relocation is in the best interests of the child. The court may also consider other relevant factors, such as any history of domestic violence or substance abuse.

Relocation Restrictions and Limitations

In some cases, the court may place restrictions and limitations on the relocation. This means that you will need to provide proof of housing or work at your intended destination before the court will allow the relocation.

The court may also require that you provide regular updates to the other parent about your progress or require that the other parent be able to visit your child on a regular basis.

Contact a Child Custody Lawyer

Navigating the complexities of child custody can be difficult. Working with an experienced child custody lawyer can help you to present a strong case in court and ensure that the best interests of the child are taken into consideration.

Contact a local child custody attorney to learn more.