When A Relocation Is Requested
Some things we can plan for and other things we cannot. A change in career, educational opportunities, a new relationship or a health issue may be a reason for one parent to wish to relocate. Relocation typically means the children will be in a new city and a new school district. Since relocation affects visitation, it does not apply to a simple move in the same area.
A relocation request can be stressful or even scary for a parent who is worried that the other parent will deny their request. Conversely, you may worry that your custody arrangement will change and that you will not get to see your children as much as you should if the move is approved.
Level-Headed Guidance On Relocation
As with many family law issues, the well-being of the children is always the first concern. Many things must be considered before approving or denying a relocation. For example, will the move be beneficial or detrimental for the children? Are there alternatives to moving? How will the move affect custody, visitation and support?
If you are the custodial parent, you must obtain written permission from the other parent before relocating. If permission is denied by the other parent, then you will need to get the court’s permission to move. If you have shared custody but are not the primary custodial parent, you must first file a motion in the court to become the primary custodial parent if you are requesting a relocation.
What Happens At A Relocation Hearing?
The relocation hearing is your opportunity to explain why a move is or is not in the best interest of your child or children. You can bring witnesses and evidence to support your position. The court considers many factors including:
- The impact on the child or children, housing, education and family
- Any special needs the child or children have and whether those will be met at the new location
- What the child or children want if they are old enough to voice an opinion
- How the income of the parent who is requesting the move will be affected
- How the move affects the noncustodial parent’s visitation and ability to parent
The guidance, advice and support you need to protect your child or children’s best interests are available at Hanratty Law Group. We assist families of all kinds.
When You Are Ready To Take The Next Step
At Hanratty Law Group, we understand that any change in your custody arrangement can cause a great deal of stress and worry. Let us help alleviate that stress and worry. Call 702-570-9287 or send us a brief inquiry email, and we will get in touch.