After a divorce or separation, it is not unusual to move. Often, after a split, you may have job prospects elsewhere or you may want to move closer to family. If you have children, relocating may become more complex. This doesn’t mean that you cannot move; it simply means that you have to take more into consideration.
Child Relocation Considerations by the Court
When you want to relocate, you have to notify the non-relocating parent. You should notify the other parent as soon as possible. If you do not notify the other parent, the courts will not look favorably on you.
Courts will also take into consideration the distance between your home and your new home. Courts will be more likely to approve a move over a shorter distance. They will also look at the quality of life. The child should have the same opportunities for education and the same quality of life in their new home, if not better.
Best Interests of the Child Considerations
The best interest of the child is a standard that most courts use. The courts do not want to disrupt a child’s life more than necessary. You may have to prove to the court that your move will be within the best interests of the child. If the other parent does not want you to move, then he or she will also have to prove why the move is not necessary.
Courts will also consider the age of the child. If you have older children, then they may be able to speak for themselves. For instance, older and more mature children can explain their preferences and the judge can assess whether or not the child wants to move. Of course, a child’s opinion is not always going to be in his or her best interest. The court understands this and will only use a child’s preference to help inform a decision.
To move after a divorce can become a lot more complicated when you have children. You have to have permission from the other parent and you may have to go to court to prove that the move is necessary. If you decide to relocate, it is important that you follow the rules. To find out more about what you need to do in order to relocate with your children, you should set up a consultation with an attorney, as soon as possible.