If you share custody of a child with your ex and one of you must relocate, the relocating parent may not be able to take the child with them. If one parent opposes the idea of their child moving a distance away from them, the parties must take the issue to court.
A parent looking to move out of state or more than 100 miles away must provide a notice of the move to the other at least 60 days in advance. If there is a disagreement, the relocating parent must ask permission from a court and the matter will go before a judge. If the move will result in a change of custody or visitation, the court will decide upon that as well.
How the Court Decides
When making the decision on whether to allow relocation, the court will consider what scenario would be best for the child. If the relocating parent cannot prove it would be more beneficial to move the child, the court will not allow it.
When considering their decision, a judge will look at the following factors:
- the child’s wishes (if they are old enough to voice their preference);
- the parent’s wishes;
- the relationship between the child and their parents, siblings, or any other person who has a significant impact on their life;
- how well the child would adjust to their new environment;
- the physical and mental health of all parties involved;
- any available evidence concerning domestic violence;
- if both parents agree to the move;
- if the child is integrated into each parent’s family life;
- the distance the child will be from the remaining parent;
- the reasoning behind the move;
- the extent of each parent’s involvement in the child’s life;
- the level of difficulty it would be for the non-relocating parent to keep a relationship with the child;
- if the child’s current situation is harmful to their development; and
- if the relocation would provide more harm than good to the child’s wellbeing.
Helping Parent/ Child Relationships
If you and your former partner are having issues over a possible move, our relocation attorney is here for you. Attorney Louis P. Winner will ensure your parental rights are upheld and do everything he can to obtain a favorable outcome for you and your child.
Call the firm today at (502) 812-1889 or contact Attorney Winner online for your case evaluation.