What a court may consider in a relocation case

In today’s mobile society, it is increasingly common for parents to move for new jobs. When this occurs, especially for divorced and single parents, the transfer could be difficult when children are involved. Essentially courts must make difficult decisions regarding custody and parenting time that will inherently leave one parent angry and dismayed while the other parent may feel overly empowered.

With relocation cases (also known as “move away” cases), the court will consider several factors, including, but not limited to the following:

–          The custodial parent’s reasons for moving (i.e. for a new job, escaping domestic abuse, etc.)

–          The other parent’s reasons for opposing the move (i.e. parental alienation, subject of revenge)

–          Whether the move will further the child’s best interests

–          Whether the move will affect the non-custodial parent’s ability to exercise parenting time

–          The child’s preferences, if he or she is of appropriate age

–          The distance of the move (i.e. out of state or to a different county)

Additionally, depending on your circumstances, you may need to provide the other parent with sufficient notice or seek the court’s permission before moving to another state. If you are considering a move, it is prudent to get professional advice from an experienced family law attorney. After all, relocation cases are very fact specific, and it is not wise to base your chances of success solely on the experiences and motivations of another party.

The preceding is not legal advice and does not create an attorney-client relationship.