If you share joint custody of the children, your co-parent likely has their days with them. Therefore, if you are considering relocating, you must consider how your move will affect the current custody arrangement.
Every relocation case is different. Therefore, the court puts the children’s best interests before anything else when ruling on any issues affecting them. Your bid to move with the children will depend on the court’s directive if you cannot agree on relocation with your co-parent.
What could affect your move?
Courts prefer when both parents take part in raising the child, and your relocation is likely to affect this. However, it is still possible to move with the children, depending on the prevailing circumstances.
When petitioning the court to allow you to relocate with the children, a judge will consider several factors before making a determination. They include:
- The reasons and necessity of the move
- The effect on the children’s existing family relationships and community ties
- How the other parent’s parental rights will be affected
- The child’s relationship with the non-moving parent
- The economic, educational, leisure and emotional opportunities of the child upon relocation
If the court determines the children are better off with the relocation, the judge is likely to approve your petition. They may also modify the custody arrangement to adapt to the new changes arising from your relocation.
Get help with child relocation issues
You may be the moving parent seeking a fresh start elsewhere or the non-moving parent looking to protect your place in the children’s lives. Either way, it helps to seek the necessary legal assistance when navigating such matters to increase your chances of a desirable outcome.