How to Prove Relocation is in the Best Interest of the Child
Relocation is common in today’s workplace. The ease of transportation across the country makes it easier than ever to relocate for a job. Often, a company in another city or state offers a better salary or position than other options. In some cases, a company with multiple locations may extend an offer to relocate for a promotion. When you are divorced and have children, you will need to make sure that the court will allow you to move with your child. An experienced family law attorney will assist you in handling a relocation with your child.
Modification of Child Custody and Visitation
Once a court puts a child custody and visitation order in place, you cannot disregard it. You will need to request a modification if you wish to move out of the local area with your child. Generally, a court order is required if a parent wishes to move more than 100 miles away. This means that a modification will be necessary before you can take your child permanently to a new city or state. A modification may only be requested when the circumstances warrant it.
Requesting a Child Custody Modification
In many cases, both parents share custody of their children after divorce. One parent is usually designated as the primary custodian while the other parent has regular visitation. However, both parents are expected to provide for their children and to make decisions on their behalf. In order to seek a modification, a parent must be able to show that there is a significant change in circumstances that warrants the changes. When a parent wishes to move out of the area, they will need to show that the move is in the best interest of the child.
Factors That Determine the Best Interest of the Child
There are many reasons why a parent may wish to relocate. Getting a new job in itself is not a reason why a parent should be allowed to move with a child. The judge will review a number of factors that will be taken as a whole to decide whether relocation is in the best interests of the child. Some of the factors the judge will review include the child’s age, the health of the child, the ability of each parent to care for the child, the emotional stability and ties to each parent, and more. In some cases, the judge will consider the wishes of the child if they are old enough to make such a request.
Proving the Best Interest of the Child
In order to be successful in requesting relocation approval, you will need to provide some reasons why the move is best for your child. You will need to provide details about the living conditions, the standard of living, the network of relatives and friends, and the happiness of the child. It is a good idea to provide a plan for how visitation will work once the move is complete. For example, you may want to ensure that the child can spend summers with the other parent or that you will pay for the transportation costs of the other parent to make regular visits.
Relocating with a child can be complicated. The modification process can be lengthy, especially if the other parent objects. Therefore, you will need to begin the request process as soon as possible. Contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to discuss your legal needs today.