Child relocation is not unheard of after the completion of divorce and custody hearings. However, before making the move according to Holtz Law, it is important to have some background information on the rules governing such actions.
Family lawyer Debra Schoenberg, says that when the non custodial parent does not agree with the decision to move, the matter is then left to the courts for determination. Read on to find out what you need to know when considering child relocation after divorce and custody hearings.
Valid Reasons For Moving
Different people will want to move for different reasons. Moving closer to extended family members in a bid to find support in looking after the children involved is one of the most common reasons for child relocation. Other reasons include moving to find better working and housing opportunities.
What’s Important To Courts
Where the custodial parent has to support their decision to move in family court, it is worthwhile to have an idea of what is considered by the court. It is worth mentioning that the court’s default position is to safeguard the child’s interests; as such, the court will not want to disrupt their lives more than needed.
The parent proposing the move will have to bear the burden of proving why relocation is best, while the non custodial parent argues otherwise.
Courts usually consider a few factors before deciding on whether to allow or disallow the relocation. First and foremost, the court will consider how soon the custodial parent notified the non custodial parent of the decision to relocate. The best practice here is to inform the non custodial parent as soon as possible.
Courts also consider the impact of the move on the educational and leisure opportunities of the child involved.
The distance involved in the relocation also plays a huge role in the determination of the court. Courts are more likely to approve a move that involves a shorter distance.
The age of the child also plays a role in the decision taken by family courts as far as child relocations are concerned. The court can even interview an older child to find out how they feel about the move.
Make Things Easier With A Plan
Having a plan of how the relocation will work for the child involved as well as the non custodial parent will go a long way in supporting the move in court. As such the parent should have a plan on the schools and activities available to the child at the new location. They should also have a plan of how the non custodial parent can visit regularly and conveniently.