Relocating with your child can be a challenge for everyone involved. While it may seem like a good idea to move for a job opportunity or to improve your life in some way, it can have negative consequences if you don’t get the right permissions from the court first.
Relocating is often denied by the court if it significantly interferes with the non-relocating parent’s visitation schedule. The law requires the relocating parent to prove that they have a plan in place that will ensure their co-parent has meaningful access to their child when they move.
Reasons for Relocating
There are many reasons that people choose to move and the most common are:
The job
For most people, the main reason for moving is to get a better job. This could be because the new job offers a higher position or a more flexible work schedule that accommodates their needs.
The family
Another reason that people move is to be closer to their families. This can be for a variety of reasons, from grandparents who want to live near their grandchildren to those who want to send their children to the same schools that they went to.
A change of lifestyle
The desire to experience different cultures can be a big motivator for people who choose to relocate. Whether it’s because they need to travel to see their parents or siblings, or simply because they are interested in seeing the world, meeting new cultures can be an incredible experience.
Factors That Affect Visitation Rights
If one parent wants to relocate with their children, they must get the other parent’s consent or obtain court permission. The move could be a life-changing event for the child and can affect the other parent’s visitation rights and their relationship with the child.
A judge looks at a number of factors when determining whether a relocation is in the best interests of a child. These include the economic, educational and emotional impact of the move.
For instance, if a child is moving to an area with a higher standard of living, a better school or a family with a higher social network, a relocation may be more likely to be permitted. On the other hand, if a child is moving to a less-developed area, switching schools or being moved far away from friends and family, the court will be more likely to rule against the move.
Time-Sharing Schedules
Time-sharing schedules can be an excellent way to ensure that a child spends quality time with each parent. It can also foster a continuing and loving relationship between the parents, help avoid any conflicts or disruptions to the child’s daily routine, and allow for anticipated scheduling changes.
One of the most important aspects of a time-sharing schedule is communication. There are many reasons a parent may not be able to visit with their children, and it is important that the two parties have open lines of communication.
A time-sharing schedule can be as simple or elaborate as the parents desire. For example, some parents choose to have their children alternate between them every 2 days or even every other day. Others opt for a more traditional schedule with alternating weeks or months. There are also more sophisticated schedules that include things like overnight visits. A good family law attorney can help you create a time-sharing schedule that will work for your unique situation.
Court Approval
Sometimes a parent wants to move with their child to another state for a new job or a safer neighborhood. This can be a positive thing for the child, but it needs to be proven to the court that it is in their best interests.
It also helps if the person who moves has the ability to arrange visitation with their child. This can help make the transition smoother and less stressful for everyone involved.
However, courts are not usually willing to grant these kinds of requests if they see it as detrimental to the child or their relationship with their other parent. This can happen if the move will result in long-distance visits that are less frequent or enjoyable, or if the move is likely to cause stress and difficulty for the noncustodial parent and their child.
