Increasingly in today’s fast-moving, mobile society a custodial parent may seek to
relocate to another county or state for any number of reasons; often a job opportunity
or transfer. Where there is a custody order in place that allows for visitation with the
non-custodial parent the custodial parent seeking to relocate with the child must petition
the court for permission to do so. Broadly the court will use the “best interests of the
child” approach to determine whether or not it will approve the relocation, but there are
many factors the court considers in determining the child’s best interests and each case
is different – so the evidence presented by the attorneys is critical to the outcome of the
case.
Clearly the non-custodial parent’s ability to maintain a relationship with the child and
exercise his or her parenting time is a central issue. Additionally the court will weigh
the factors listed below to attempt to balance the best interests of the child, the custodial
parent’s desire to relocate and the desire of the non-custodial parent’s interests in
maintaining his or her relationship with the child in opposing the relocation. Again
while no single factor is the “deciding factor” the court will typically consider the
following:
- Reasons offered by the party requesting the relocation.
- Reasons that the non-custodial parent opposes the relocation.
- The strength or degree of attachment the child maintains with the custodial and
non-custodial parent. - The possibility of developing an acceptable alternate parenting time plan for the
non-custodial parent so that he or she can maintain a significant relationship with
the child. - Will the proposed relocation be a positive or a negative in terms of the child’s
lifestyle? - How might the relocation affect the child’s relationships with his or her extended
family?
Relocation cases are demanding and often complicated so it is critical that you have an
experienced attorney on your side. Call us today for a free consultation.
