What is Child Relocation?
When the parent who has sole custody of a child (custodial parent) wants to relocate with the child, it can stress test the divorce decree in a few different ways. A child relocation can make the visitation rights of the noncustodial parent hard to live by and can create some emotional hardships for the child dealing with a visiting parent living far away.
When a relocation dispute is filed, usually the entire custody arrangement is re-evaluated. This can take time and be very expensive for both parents. It’s best to have attorneys negotiate the best possible settlement.
When a Child Relocation is Allowed
Moving a great distance is one thing, but moving out of state is another. Each state has its own laws about moving a child out of state. It usually requires the consent of the other parent to start. All other arrangements are negotiated from there. Sometimes there is a very legitimate reason for a custodial parent to leave the state:
- New job
- Family issues
- Better weather for health reasons
- To be closer to family
In the end, the court will always keep the best interests of the child in mind when coming up with a decision to approve or disapprove a move. The court could also simply order the custodial parent to not leave the state, or could transfer the custody to the other parent if they find the child would better thrive by staying in-state. This could pertain to the child’s schooling, religion, or health, for example. The noncustodial parent, however, is not guaranteed any say in the relocation if they have not held up their end of the decree. If they did not maintain the correct visitation schedule or did not take actions in the best interest of the child, they can be refused any rights to contest the move.
Other Considerations for a Child Relocation
Some other things the court contemplates:
- Whether one of the parents is ill-equipped to make sound decisions.
- Whether the parents are creating a loving environment for the child regardless of location.
- Whether either of the parents has shown any violent tendencies toward the child.
- Whether the child has been abused in any way: physical, mental or emotional.
- Whether either of the parent’s has become a registered sex offender.
And there is a darker side to child relocation. Sometimes a parent will take a child out of state without the court’s approval. Of course, this can be an emotional toll on the child and is considered an illegal act. The noncustodial parent can then petition the court to have the child returned immediately.
Divorce is never easy for the parties involved, and child relocation can add to the complexity. But sometimes it can be a positive change if the parents agree it is for the best.
