In our last post, we highlighted what a family court judge may consider in a relocation case (also known as a “move away” case). Essentially, there are a number of elements that help a court determine whether the move is in the child’s best interests, and whether parenting time arrangements must be adjusted.
Even with the elements considered in such a decision, it is possible to avoid the ordeal of having the court intervene altogether. This post will offer some helpful tips to stave off possible move away problems.
Try mediation – Child custody litigation can be time consuming and expensive. However, mediation can be quicker, cheaper and less adversarial. Through this process, a third party neutral will help you come to a resolution that you both can live with. This is especially important when trying to maintain a relationship with your child.
Have a distance regulation – In your divorce decree or child custody order, you may also include a distance regulation provision that prevents a parent from moving a certain distance away. For example, the provision may limit moves within the county you live in (or adjacent counties), or within the state.
These two tips may help in saving a great deal of time and heartache that comes with traditional litigation of child custody disputes. If you have questions about whether your current decree will allow for such a move, or you have questions about whether a judge will allow such a move, an experienced family law attorney can advise you.