Post-divorce relocation of either the custodial or non-custodial parent brings with it legal issues and procedures where a family law attorney’s expertise is critical.
We can help you address the best interests of the child in terms of the financial, educational and religious concerns that arise as part of relocation of the custody or non-custodial parent. There are specific documents we help to file for the court’s approval of the relocation as well as additional documentation required upon such approval. Child support, parenting time and travel must be included in a new parenting plan submitted to the court. Our legal guidance assists with formulation and submission of the new plan.
In determining whether or not the relocation is in the best interest of the child(ren), the court will evaluate: the child’s age, educational and religious needs, the reason for the move, the distance of the proposed location from other family members, the extent of involvement of the non-custodial parent in the child’s life, access and quality of medical care in new location if the child has a condition requiring regular medical attention, extracurricular activities of the child, the child’s preferences and other details. If your ex wants to move with your children, the burden is on them to prove that the move is for the best. Your involvement as a parent is a key piece in evaluating whether or not the request will be approved.
The custodial parent must provide advance notice (typically 60 days) to the non-custodial parent and include the proposed date and the new address of the location.
If you or your ex spouse are considering relocation, contact us to learn more about your options. If your spouse has violated the terms of your custody agreement and taken your child(ren) out of state or country, read more here and get in touch with our firm.