What Parents Need to Know About Relocation and Custody Rights
The relocation and the right to custody define how parental relocation can influence who will live with and take care of a child. The desire by one of the parents to relocate, particularly to a different city or state, may alter the status of custody and lead to legal issues.
A major concern of separated families is: How does joint custody work when parents live in different states? This is a situation where both parents share the custody of their child or children, and one of them is planning to relocate to a new city, state, or country. The court has no other option but to intervene and ensure that the best interests of the child are put first before any action can be given approval.
Why Does Relocation Affect Custody?
Relocation can have a significant impact on custody because it changes how much time a child can spend with each parent. When one parent moves to another city or state, maintaining equal physical custody becomes more challenging.
Family courts prioritize the child’s emotional well-being above all else. While a move might offer advantages like better schools or a safer community, it can also disrupt the child’s bond with the non-relocating parent. Judges carefully weigh these factors, the potential benefits of the move versus its emotional costs, before deciding whether to approve or deny the relocation.
What Happens If the Other Parent Objects?
In most states in the U.S., parents who share custody are required to provide written notice, often 30 to 60 days prior to the move. This enables the other parent to protest in court. Failure to communicate this to the court or the other parent by the moving parent may lead to consequences like fines or even custody.
When the other parent does not agree with the relocation, the matter usually ends up in court. Both parents will be able to provide their arguments in favor of the move or against it. The judge will then decide on whether relocation is in the best interest of the child.
What Is the Court’s Role in Child Custody Relocation?
The primary objective of the court is to make sure that its decision safeguards the stability and well-being of the child. Before the judges permit relocation, they consider a number of factors, such as:
• The motive of the move (work, safety, and education).
• The effect of this on the child-parent relationship.
• The travel distance and plan for visitation.
• Whether the parent who relocates is in good faith.
In the event of relocation, courts can amend the current custody orders. The court can also transfer custody in cases where the relocation is not in the best interest of the child.
Courts also recommend mediation as an alternative to trial. Mediation can save time and allow the child to experience less emotional strain since both parties are able to reach a compromise without taking them to court.
Final Thought
Relocation and custody rights may be emotionally loaded, but knowledge of the law helps parents to make better decisions on behalf of their child. Relocation does not have to disrupt the ties of a family when done with care and respect. It is possible to make new beginnings based on collaboration and the best interests of the child.
Key Takeaways
- Relocation has an impact on custody since it may interfere with the attachment of the child to either parent.
- In cases of shared custody, parents always need court permission to relocate.
- Where the other parent disagrees, the court hears both parties and makes decisions that are in the best interests of the child.
- The stability of the child, their emotional health, and education are the primary concerns of the courts.
