Parental Relocation after Divorce

Parent and Child Relocation

After a divorce, it sometimes becomes necessary for one parent or the other to relocate to a distant city or to another state. This matter is often difficult to confront after child custody and visitation agreements have been put into place, but it must be addressed and resolved in order for the move to take place. When the custodial parent decides to relocate, it can have a devastating effect on the other parent, and may affect the child as well.

When there is an intrastate relocation issue, the original state court remains involved and has continued jurisdiction. It is encouraged for both parents to reside in the same general geographical area with the non-custodial parent receiving visitation. If a move becomes necessary, an agreement is usually sought between the parents. In the event an agreement can't be reached, it is the custodial parent's responsibility to convince the court that the relocation would be of benefit to both parents and their children.

Court Considerations in Child Relocation Cases

The court looks at the child's best interests, and takes into account the following:

• Why the move is occurring
• The educational and emotional needs of the child
• The age of the child
• How close the new location is to other family members
• Educational resources in the new location
• Availability of needed medical care
• How the move will impact the child's extracurricular activities
• The desires of the child regarding the move
• The amount of actual involvement by the non-custodial parent in the life of the child

Once the relocation is approved by the court, a new parenting plan must be submitted that addresses parenting schedules, travel and other relevant matters. Our firm will help you put together a new plan that will fit the guidelines of the court.