Relocation can be an exciting opportunity to move to a new area of the state, country, or another part of the world. However, major moves can also bring uncertainty and stress for separated or divorced parents when they share custody of children or have a regular visitation schedule with the other parent. The lawyers at Stiles Ewing Powers help clients navigate these situations, both for the parent seeking to relocate or the parent who will have time with their children impacted by relocation.
Several situations may cause a parent to relocate: military service, job change, work reassignment, educational opportunities, or seeking a fresh start in a new location. How our firm approaches our clients’ relocation cases depends on whether a custody or visitation court order is already in effect, the impact the move may have on the current custody or visitation arrangements, and whether our client is asking for or objecting to the move.
Changes in Custody Order and Schedule
If a custody order is already entered, the relocating parent must notify the court and the other parent at least thirty days in advance of any intended relocation and the change of address. This allows the non-relocating parent to take action with the court if they object to the relocation.
Not every relocation requires a change in the custody or visitation schedule. For example, if the relocating parent moves to a neighboring county, the parents or court may determine the children can continue the same custody or visitation schedule with minimal impacts. While travel time may increase, the benefit of having the child on the same schedule and frequently spending time with the non-relocating party is often in the child’s best interests.
Out-of-state moves or moves to distant areas of the state are more frequently litigated.
Is the Relocation in the Child’s Best Interest?
In any litigated case, the court considers whether the relocation is in the child’s best interest. In determining whether the relocation is in the child’s best interests, the court must examine whether there is an independent benefit to the child from the relocation. In other words, the court must see that the move positively affects the child in some way. The benefit to the child must be something other than the benefits that the relocating parent receives from the move. This test ensures that in relocation cases, as in all custody and visitation cases, the court fashions its order to serve the child’s best interest.
For the best chances to have a court approve a move, a parent typically must show the court that the move is well thought out and planned to reduce negative impacts on the child. This may include securing permanent living arrangements, school enrollment, and childcare prior to the move. If a non-moving parent is no longer able to exercise their normal visitation schedule after a move, the moving parent may need to propose alternative options for visitation that the court will feel still promotes the child’s quality relationship with the parent. The attorneys at Stiles Ewing Powers can assist clients with structuring a plan and presenting the evidence that will maximize their chances of a relocation being approved by the court.
Objections to Relocation
If a parent objects to their child’s relocation, the court will analyze the parent’s involvement in the child’s life. A parent who spends significant time with their child may lose their ability to spend frequent and quality time with their child. If they frequently volunteer at their child’s school, attend sporting events on a weekly basis, and spend afterschool time with the child during the week, a major relocation, even within the same state, may impact their ability to have time with their child. For parents objecting to a move, the attorneys at Stiles Ewing Powers can assist in developing the testimony and evidence needed to have the court understand the negative impact the move would have on the child’s relationship with the non-moving parent.
Considerations in a Relocation
Even if no custody order is entered, the court must still consider several factors that could be impacted by a relocation away. The court must consider the needs of the child, including other important relationships with the child, including peers and other family members. The court must also consider whether a parent is actively supporting the other parent’s relationship with the child.
If the relocation takes the child from their friends, classmates, or other close extended family members, or makes it more difficult for the non-relocating parent to see the child on a frequent and continuing basis, then the court may look unfavorably on the move. The court does not have the power to order where a parent lives, but it can either require that the child move back or award custody to the non-relocating parent. This may, however, have the effect of keeping the parent from moving.
The family law attorneys at Stiles Ewing Powers speak with clients, consider their unique situations, and tailor arguments either for or against relocation. Contact us today to schedule a consultation.