What does a judge take into account when deciding whether a parent can relocate with their child?

On Behalf of | May 13, 2021 | Child Custody |

Many parents commit themselves to start their lives anew following their divorce. Part of that plan may involve relocating to a new city or state for a fresh start. 

You generally can’t simply pick up and move if you have minor children, however. You may need to give your co-parent plenty of warning of your plans. The court may need to sign off on your relocation plans as well. 

How common is it for custodial parents to relocate with their kids?

Out-of-area relocations have become increasingly popular for custodial parents. As many as 25% of parents who have primary or sole custody of their children relocate to another area post-divorce. Many of them relocate for financial opportunities such as a new job, cut their cost of living or have a network of family support.

What impact does a relocation have on a child?

Many child psychologists suggest that the impact may vary depending on the child’s age and their closeness to friends at school, in the community and the parent or other family members that they’re leaving behind. The court will consider these factors when deciding whether to approve a parent’s request to relocate.

What type of notice must I give before relocating with my child?

Notification requirements vary by jurisdiction. Some require you to give your co-parent ample written notice of your plans so that they can respond to them. Judges generally have to sign off on any relocation plan. Your parenting plan may impact your ability to relocate as well. Some are particularly restrictive in terms of travel and relocation, whereas others may be less so. 

An attorney can help you understand your parenting plan and the notification requirements that apply to your case. They can also go into further detail about the measures you must take to prove that a move is not only in your best interest but also your child’s. 

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