When a divorced parent must relocate or move-away, seemingly any number of complications can arise, most stemming from what to do about child custody rights and visitation agreements already in effect. Both parents will most likely want to keep a majority custody over their children yet this will be next to impossible, depending on the distance the relocating parent travels for their move. Since it is unreasonable to expect a child to constantly shift between two separate homes that are cities, counties, or even states apart, the court may have to decide how to conclude a move-away case.
Your Child’s Best Interests & Relocation
As with any family law case or procedure involving children, the court will prioritize the child’s best interests in your move-away case. What makes your child comfortable, happy, and safe is more important by legal default than those same interests for you and your ex-spouse. If moving would not benefit the child and could even cause them undue hardship, the court will not approve of the modification to visitation or child custody.
A few questions the court will ask during your move-away case may include:
- What sort of environment will your child be in if they move?
- How connected to the current community – friends, schools, churches, etc. – is your child?
- Which parent spends more time with your child now?
- Does the child seem to prefer one parent’s company over the other?
- How far is the distance for the planned move?
- What is the reason for the move?
The final question – why is the move being done – is of particular importance. Most courts will not want to assign child custody to a relocating parent unless the reason for the move is necessary. People often cite mandatory employment changes, health conditions, or remarrying as a reasons for their move-away case that the court will acknowledge and respect.
Pasadena Move-Away Attorneys for Your Case
At Gille Law Group, we believe that a relocation should not completely separate a divorced parent from their child. Led by Attorney Christine Gille, a Certified Family Law Specialist, we explore every possible avenue when managing a move-away case to try to find an amicable solution that keeps your family together. Put decades of legal experience in your corner today by contacting our Pasadena family lawyers and asking for an initial consultation.