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3 questions to ask before a child relocation request

| May 25, 2018 | Child Custody and Visitation

There are many reasons why a parent may wish to relocate to another state with his or her child. These might include the offer of a lucrative new job, living closer to friends and family in another part of the country or just to make a fresh start at life in a place you’ve wanted to live for a long time.

Your ability to gain court approval of your relocation, however, will depend on a variety of factors. Here are several vital issues that will pertain to every child relocation:

  • What kind of child custody do you have? If you have full physical and legal custody of your child, you may have an easier time relocating. However, if the other parent has visitation rights, and the relocation interferes with a court-ordered visitation plan, you may need to gain the approval of other parent of your child if you wish to relocate.
  • Does the other parent approve of the relocation? Depending on the other parent’s parental rights, he or she could have the legal right to stop any kind of child relocation. However, the other parent might see the wisdom in your desire to relocate. It’s always best to first approach the other parent with your relocation request to see if you can negotiate a new custody or visitation plan.
  • Is the move in the best interest of your child? Ultimately, if the other parent disagrees with the move, you may need to prove why the relocation is in the best interest of your child. Perhaps it’s because you have more family support there, or you have been hired for a more lucrative job.

Every child relocation request is different, and in some cases, a single parent may not be able to move to a new state — or even a new city — with his or her children. Make sure you understand all the unique factors associated with your case before you pursue court approval for your relocation.

Source: Findlaw, “Child Relocation Laws,” accessed May 25, 2018


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