Relocation raises significant child custody and visitation issues. As with child custody, relocation issues are optimally worked out between the parents, who are in the ideal position to determine what is in the best interest of their child and themselves. If the parents cannot agree, however, the courts will have to intervene to make that determination.
A parent who wishes to relocate or move more than 100 miles away from the marital home after a divorce must inform the other at least 60 days in advance of the move. If the other parent objects to the move, they can petition the court to stop it. If there is no objection, the existing terms of agreement of the divorce will need to be modified to take into account any changes regarding legal-decision making and parenting rights. These plans will need to be submitted to a judge for final approval.
Any divorced parent intending to move or relocate after a divorce should seek help from a lawyer who will be able to offer advice as well as legal representation. A skilled attorney can help ensure you fully understand and comply with all the state laws concerning relocation, and protect yourself against future legal problems. There are many reasonable grounds for relocation, including promotion, a new job or fresh business opportunities, and McKay Law can assist in making the move as smooth as possible by mediating with your former partner on new terms of agreement.
Relocation requests are often denied. Any objections to the relocation of a former partner must be made to the court within 30 days of being notified of the move. The judge may decide to deny the relocation for a variety of reasons. The judge may decide it is not in the best interests of the child. That's what the judge will likely focus on – the best interests of the child. The judge may also see the requested relocation as an attempt by one parent to interfere with the other parent's relationship with the child. If the relocation is disputed in court, these disputes are often the most difficult for parties to present and for judges to decide. McKay Law can provide skilled representation and dynamically defend your rights and interests.
Call McKay Law for all of your relocation and custody concerns. Make your appointment for an initial free consultation so that we can speak with you at your earliest convenience.