When You Have Custody Of Your Children, You Have To Get Permission Before Relocating
In days past, families generally stayed in the same geographic location for generations. Over the recent years, however, people have grown to be steadily more mobile. Whether on account of job relocation, military orders, or just a change of pace, parents with physical custody of their kids routinely must move either to a different part of their state or to a new state altogether. Often this leaves the father or mother with visitation rights far behind.
Before moving with children under a a child custody and visitation order, the procedures set forth in child custody laws must be followed. Failure to follow the right steps and to obtain permission to move with the kids, might result in the moving parent being in the undesired circumstance of having to decide between making the relocation or surrendering custody of the children.
To begin, notification has to be made to the other parent and to the family court of the proposed move. Usually, this notification has to be done in writing; and the relocating party's intent has to be made known well before the move. Depending on the relationship between the parents, the moving parent may be able to negotiate and gain the approval of the other parent. This, naturally, will help save plenty of headaches and frustrations and will avoid having to deal with the unknown. If the other parent won't agree to the move, a motion will need to be filed in family court to change the child custody and visitation order to allow for the relocation. This might take several weeks, even months to resolve.
Child custody and visitation issues are decided by what is in the best interest of the children. The Court will base its opinion on moving with kids using this same standard. This might or might not comport with what is in the interest of the individual parents. Judges start out from the premise that children's best interests are served when they have a nurturing and balanced bond with each parent. The family court judge may find that a relocation will place too much of a strain on that bond. This factor by itself may well result in a denial of the request to relocate with the children.
Other criteria the court will contemplate include distance of the proposed relocation and how that would affect visitation by the other parent. The judge might also bear in mind how the relocation will affect the children relating to associations with other family members and friends; how properly the custodial parent has acted in promoting a bond with the other parent; health issues (such as asthma) and education options of the children; and the reasons for the relocation. Moreover, the court may also contemplate the desires of the children if they are of suitable age to express an opinion.
In any instance where you're preparing to move with your children, or if you are the non-custodial mother or father and have been told of a proposed move, it is advisable to make an appointment to discuss the issue with a family attorney. Alawyer for relocation and child custodyissues is going to be able to help you to negotiate a modification, or to develop your best case for you and the best interest of your children.
by: James Garrett