The issue of parental relocation sometimes arises at the time of the divorce if one party wants to move to a distant location after the divorce. In other cases the issue arises, months or years after the split up when the parties and children have been operating under a parenting plan based on both parents residing in the same general area. Some of the legal standards and considerations differ depending on whether the issue arises at the time of the initial split or at some later time after orders for parental rights and responsibilities are already in place.
At Hogan Omidi, PC, our family law attorneys represent parents in relocation matters, both at the time of the divorce or separation and in later modification proceedings. If you are thinking of relocating with your children or have been notified that your ex-spouse intends to relocate with your children, please reach out to us today for guidance.
From Halleh’s interview for the Masters of Family Law series on ReelLawyers.com
Considerations When One Parent Moves Away
Child development experts tell us that the ideal arrangement for children is for both parents to live close enough to one another so the child can enjoy frequent contact with each parent. However, the law tells us that a court cannot restrict a parent’s ability to move away and cannot require a parent to live in any particular town or area. As a result, that ideal arrangement cannot always be achieved and the parties, their lawyers and the courts are required to figure out what might be in the best arrangement for a child whose parents live at a distance from each other.
In a relocation case the issue for the court is not whether a parent will be allowed to move. Rather the issue is which parent will the child primarily live with once a move takes place, and what will be the arrangements for the child to spend time with the other parent. In making this determination numerous types of factors are weighed. Some of those factors focus on the parents and their reasons for wanting or opposing the move. Other factors focus on the child and advantages or disadvantages to the child associated with residing in the new location or remaining behind in the present location.