Parent rights and moving away with children
Sometimes moving out of state during a divorce can jeopardize a spouse’s position in their case. Filing for divorce may be less complicated if both spouses are currently living in the same vicinity.
Moving away with your children
If you and your spouse have children and you want to move, then you should be aware of your parental rights and how this action could potentially complicate your chances of obtaining custody of your kids.
However, sometimes there are other outstanding factors such as a job transfer, military involvement, the death of a family member or other obstacles that may force an individual to move away. In these cases, it would be advised to understand the divorce procedures that apply to your situation before transferring to another residence.
Sending a request to relocate
Before relocating with your child, there may be set standards that one must adhere to in order to legally move. Failure to do so may result in the loss of parental rights in the future. Often the parent may have to decide whether to move away or surrender child custody rights.
To avoid this type of situation, it is usually advised that the spouse is granted permission from the family court to move away. In order to obtain permission, the individual may send out a notification to the judge and other family members that he or she is requesting to relocate. This notification is normally done in writing and can be sent in advance of the potential moving date.
A spouse may be able to get the consent of the other parent or attempt to negotiate terms prior to the move. If the other parent does not agree, then a motion to modify the child custody and visitation order can be sent to the family courts for further review. Depending on these factors, this process may take months before a solution is made.
The best interest of the child
In these cases, the best interest of the child is generally the deciding factor when it comes to custody and visitation rights. If the relocation is well suited for the child, then the family court may be more willing to grant permission for the parent to continue.
The interests of the parents may not always be taken into consideration when a decision is made. A judge may determine the best interest of a child in this case to mean the ability to provide the child healthy, nurturing relationships with his or her parents. Depending on the situation, a relocation may be considered to be too stressful on the child and may a possible source of friction in the parental relationships.
Other potential factors
How this may affect the child’s relationship with other family members and friends may also be included. If this is determined to be true, then most likely your request to relocate can be denied.
Other possible aspects may include the distance of the new residence and how this may affect the visitation rights of the other parent. Health problems, education, the parents’ relationship with each other and the reason behind the relocation are all possible facets to the judge’s final decision.
If the child is a reasonable age, then the judge may ask the child directly what he or she desires and may take the response into consideration as well.
Obtaining a child custody or divorce attorney for legal advice may help to make this process easier on both parents. Whether you are requesting to relocate or have received a notification from your spouse, you may want to understand your rights as a parent and how they apply to your particular case as sometimes these complicated procedures can be subject to a less desired alternative.