Relocating can be a huge benefit to your family, but it can also have a significant impact on child custody.
When you, as a custodial parent, need to move, it can change how and when your child sees the other parent. This can affect their routine and relationships which, in turn, can impact your child’s happiness and well-being.
That said, it is no surprise that moving can be a source of conflict for divorced parents. If your proposed move is going to cause a significant change in your custody agreement, you may need to take several legal steps.
Check your child custody agreement
In some cases, child custody agreements contain specifics about relocation and travel with your children. For example, your agreement may outline steps you must take before moving with your child, such as notifying the noncustodial parent.
If your agreement does not have any of these elements, you still need to consider how the move will affect your ability to follow the custody order. If you’re moving nearby, then it may not be a problem since your coparent can continue visiting easily.
However, if the geographical distance will make visitations impractical, the move could violate your current custody order. In that case, you may need to modify your agreement.
Ask the court to modify your custody order
Before going to court, it’s best to speak to your coparent first. If they agree to the move and the new arrangements, you should have an easier time asking the judge to approve the changes.
Nevertheless, you need to convince the judge that the move will align with your child’s best interests. A judge will consider several factors, such as:
- The reason for the move
- Any advantages the move might bring
- The relationship of the child with each parent
- How far away you’re moving and how it can affect visitation
- The child’s preferences, depending on their age and maturity
Generally, a judge needs to see that relocating will be beneficial for the child’s overall health, happiness and development.
If your coparent does not agree to the move or files an objection, you will still need to ask the court to modify custody. Most likely, both you and the other parent must present your case to the judge.
Consider talking to an attorney
Moving is an already complicated process, even without custody matters in the mix. That’s why legal guidance can be vital in situations like this. A child custody lawyer can help you navigate the specifics of your agreement, seek modifications in court and prioritize your family’s best interests along the way.