Life is always changing and events may happen that require a parent to relocate after a divorce. Of course, for numerous reasons, a parent cannot simply start packing and move away with the children. Keep in mind that family courts believe children thrive best in stable and consistent environments, so if you are hoping to take them with you, you will have to prove that it is in their best interests.
Relocating with Your Children
In any matter involving children, their best interests and welfare are always the court’s top priority. To assess whether or not a move is the most suitable option, a judge will examine several factors.
Below is a list of some of the determining factors in a relocation case:
- The extent of each parent’s involvement in the lives of the children. A judge may also consider the relationships the children have with other important people, such as extended family members or friends.
- The motives of the parent seeking the move and the parent opposing the move.
- If it is desirable or practical for the other parent to move at the same time.
- If the parent seeking the move has an established history of harming the other parent’s relationship with the children.
- The developmental needs and age of the children.
- If moving or not moving will negatively affect the children’s lives.
- If it will be practical for the non-moving parent to still maintain a relationship with the children after a relocation.
- In some cases, based on maturity and age, a judge might also consider the preferences of the children.
In a relocation case, it is not uncommon for expert witnesses to be called upon to compare cities, including the cost of living, employment prospects, and more.
Schedule a Case Review with a Compassionate Family Law Attorney Today!
If you are trying to relocate with your children or you are opposing your former spouse’s petition to move away with the children, the family law team at Fait & DiLima, LLP can assist you. With more than 50 years of combined experience on our side, you can feel confident that you will receive the best outcome for your case.