You have primary physical custody of your child or children. And now you want to move. Or you need to move for work. Or you have re-married, and your spouse’s new job requires you to move.
Perhaps the other parent has been harassing you.
Threatening you.
Abusing you.
What is the probability you will be able to relocate with your child or children? Do courts say no? Will they give the other parent physical custody of the children if you move?
Such cases are challenging for judges, who tend to require an incredibly good reason before they approve relocation.
Of course, there are many good reasons.
A highly experienced family law attorney who routinely handles custody relocation cases can help. He or she can help evaluate the laundry list of factors a judge must consider.
Let’s look at a few examples:
- If you have sole legal and physical custody, and if the other parent is truly “out of the picture,” relocation begins to look a wee bit promising. Just a wee bit, not a lot.
- If you have joint legal custody and primary physical custody, one of the many questions will surround the relationship between the children and the other parent. The age of the children is important, as is their connection with the community.
- If you have joint legal custody, are re-married, and your new spouse is relocated, that could be a problem.
- If you have joint custody, suppose you are are required to move for your job. Not your spouse, you. Judges must give these situations a lot of consideration, since there are times when a parent must move a substantial distance for work.
- If you have equal custody of your children, the odds of a court approving relocation drop considerably.
These are not hard and fast rules. Relocations and custody are incredibly challenging life situations.
Do yourself a favor. If the idea of moving even pops into your head, try to look at it from the perspective of the other parent. Think about how it will affect their relationship with the children. And think about how you can minimize negative consequences.
An attorney with SiegelLaw can assist your with custody and relocation issues. Schedule a free initial consultation today.