Child Custody and Relocation: What You Should Know Before Packing Your Bags
Are you thinking about moving, but worried how this might affect your custody agreement?
For many parents, relocating to a new place presents new and exciting opportunities. Whether it would allow you to seek a better job, or the move would put you closer to extended family, your reasons for moving may be completely valid. However, when this move would create a conflict with your custody arrangement, there are important factors you must first consider.
First things first – are you planning to move across the street or across the country? There is a big difference between moving somewhere in driving range versus somewhere that requires a plane ride to get there. This is because regardless of whether your custody arrangement was established through a separation agreement or by a custody order from the court, you must follow its terms.
Modifying your agreement – But what happens if you want to move to a different state, or maybe even to a different country? When relocation would absolutely make your current agreement or order impossible to follow, you will have to have the arrangement modified. While this can be done through a consent agreement with the other parent, you may have to seek a court order regarding custody.
In analyzing a relocation request, a court will consider many things, including whether the relocation establishes a material change in circumstances to trigger modification of custody, and whether relocation is in the best interest of the child. Courts use this high standard as a way to avoid unnecessary disruption for the child. As part of the best interest analysis, courts will generally consider the following:
What are the reasons for the move? Are you moving to pursue an advanced degree or for employment reasons?
Do you have a plan for where you wish to move? Have you looked into neighborhoods, or schools for your child?
If you are the relocating parent, are you able to meet your child’s needs on a day to day basis?
What is your relationship with your child? And how does that compare to their relationship with the other parent?
How old is your child?
Will relocation enhance the general quality of life for both you and your child?
It is important to note however that while a court may find that relocating your child is not in their best interest, they cannot restrict you from moving alone. Rather, the court can amend the custody order so that your child remains in-state with the non-relocating parent. If you have questions, we can help. Call our office at 240-396-4373.