In some ways, we’re a much more mobile society than we once were. Today, it’s common for people to move to new cities or states for work, to be closer to loved ones, or to pursue new interests. While that mobility certainly has its benefits, it can also create complications when child custody matters are implicated.
If you’re a custodial parent and are looking to move a significant distance, then there’s a good chance that you’ll have to provide 45 days’ notice to the other parent before relocating. This gives the other parent an opportunity to object to the move, at which point the court will likely schedule the matter for a hearing.
At that hearing, the court will hear evidence with the intent of rendering a decision that’s in the child’s best interests. Therefore, the court will carefully consider:
- The purpose behind the relocation
- The distance of the move
- Each parent’s relationship with the child
- How the move will impact the other parent’s ability to maintain a relationship with the child
- The opportunities that will be afforded to the child by relocating
- The physical, emotional, psychological, and educational needs of the child
- Any other factors that are relevant to the court’s decision
Before you decide to move and send notice to the other parent, be sure to refer to your prior custody order to see if the court placed any parameters on future moves that you must abide by.
Advocate for your child’s best interests
All custody matters are viewed through the best interests of the child lens. Therefore, you need to enter your dispute with evidence that speaks to this standard. Hopefully then you can secure that outcome that you want and the one that’s best for your child.