Relocation & Child Custody
If one of the parents wants to relocate and live in another area with the child, then that parent must prove to the court that it’s in the child’s best interest to do so. To determine if it’s in the child’s best interest to relocate, the court must consider the following 10 factors and put more importance on the factors that have to do with the child’s safety:
(1) The nature, quality, extent of involvement and duration of the child’s relationship with the party proposing to relocate and with the nonrelocating party, siblings and other significant persons in the child’s life.
(2) The age, developmental stage, needs of the child and the likely impact the relocation will have on the child’s physical, educational and emotional development, taking into consideration any special needs of the child.
(3) The feasibility of preserving the relationship between the nonrelocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties.
(4) The child’s preference, taking into consideration the age and maturity of the child.
(5) Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party.
(6) Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity.
(7) Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity.
(8) The reasons and motivation of each party for seeking or opposing the relocation.
(9) The present and past abuse committed by a party or member of the party’s household and whether there is a continued risk of harm to the child or an abused party.
(10) Any other factor affecting the best interest of the child.
There are a lot of procedural rules that you have to follow when asking to court to allow you to relocate to a new location with your child so it is important that you follow those procedures so there are not any problems.
Sound complicated? Only because it is. And that’s why you need a good lawyer to handle your case.
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