Moving is a relatively common experience for people. But when it involves legal matters like a child custody order, there are complications that you need to address.
According to the American Bar Association, the main factors influencing relocation decisions include access to quality education, emotional support from family, and the overall well-being of the child.
Online legal information platform Justia says that a “relocation” or “move-away” case is another complex legal process when a parent who is subject to a child custody order wishes to move to another state with their child.
According to child relocation attorney Ted Khalaf, one of the most difficult aspects of divorce is determining child custody. When child relocation issues arise, courts will undergo another careful consideration of certain key factors before coming up with a decision.
They will look into what will most benefit the child, taking into account factors such as the intent behind the move and its effect upon family relationships. The current or existing custody arrangement will impact how custody is determined.
Familiarity with these considerations brings light to why some applications face approval and others rejection. You may find it fascinating to discover to what extent the emotional needs of a child form part of such considerations.
Let’s discuss how courts assess child relocation requests.
Understanding the Legal Standards for Relocation
Understanding the legal standards governing relocation cases is important and requisite in such matters. Courts instead view the decision on its merit, from the perspective of the child’s best interest, while examining the potential highlights and drawbacks of the proposed move. That is why you must have solid grounds for such a move.
Arguments for the move include better job opportunities and the availability of closer family support. To make a compelling case showing how the move will improve the child’s life, gathering evidence with supporting documents is important.
If you have tried to study all aspects of the decision, acknowledging the court’s preference to maintain a child’s life with stability and consistency will slightly tip the balance in favor of change. Cooperation in these proceedings will make both the parent and the child feel included during this stressful time.
Factors Considered by the Court
Bear in mind that every child relocation request is unique. Factors for the move will be evaluated by the court. Courts are more likely to approve if the move is necessary for work, a better place to live, or other beneficial opportunities for the family.
Sometimes, a court may make its decision in an extremely hypothetical and abstract way. Consider the possibilities of the move and how it will affect the child’s contact with the other parent or family members. The consideration of the child being placed with a parent could include the child’s age and wishes and if they could be considered sufficiently mature.
The court would also check the potential advantages of the new area the family is relocating to. For example, presenting that there are better schools or a safer environment will help your relocation request.
The most important factor that will be considered by the court is the best interest of the child. According to a child custody attorney in Baton Rouge, the “best interests” standard is also applied in other post-decree custody and visitation cases such as modifications and enforcement.
Another factor to account for includes how they can maintain the relationship with the parent and feel a degree of stability.
The Role of Existing Custody Agreements
Existing custody agreements play a larger role in relocation cases. They carve out the rights and responsibilities of each parent as to the upbringing of their child.
When courts consider a relocation request, these agreements serve as a benchmark for the established parenting plan. Having a strong agreement in place can form a framework acceptable to the court. The evidence you collect should show how you have worked to maintain a positive co-parenting relationship and its bearing upon your child’s stability.
Should a move occur, the court may alter this arrangement to subject it to greater scrutiny. You need to look into how an existing agreement might affect a decision, as this agreement reflects your intentions and character, which are equally important for your child’s welfare and the relationship between both parents.
Evaluating the Child’s Best Interests
Determining the child’s best interests is the priority before anything else in any relocation case since the child suffers emotionally and developmentally based on what happens.
The courts will review the potential effects of moving on the child’s schooling, social activities, or stability. The child’s views concerning the move will provide the court with a clear understanding of what the child feels.
There is also a need to devote some time to preserving the child’s relationships with important people. In addressing any of the previously discussed issues, keep in mind that with a proper balance of these considerations, the opposing parent’s ability to interact with the child is acknowledged and promoted.
Having a place to call home offers that child stability throughout their adjustment.
The Impact of Relocation on the Child’s Stability
Relocation greatly affects the balanced life of children and carries typical ramifications of emotional outbursts and behaviors. Separation from well-known faces and places takes away the sense of comfort and security in a child. This fear can bring about unusual incidents at school or within their circle of friends.
Stabilizing a child unfolds a foundation for the child’s growth and well-being. They flourish within support systems and familiar routines. As a parent, you want to provide a feeling of normalcy for your child and offer stability in a new home.
There may be a need to overtly work toward transitions, as at times the child’s welfare demands their actual participation in decisions to carry out plans for numerous family visits and, in some cases, even to allow somewhat stricter routines at the new place.
Parent’s Rights vs. Child’s Needs
In terms of moving, balancing a parent’s rights and a child’s needs is challenging. You may feel very strongly about gaining opportunities that benefit you, but at some point, you may have to think about the repercussions of whatever choice you make for your child. They are vulnerable in matters of their emotional welfare and personal stabilization.
Friendships, school, and community ties make up some of the important items to look into when assessing a child. Try to listen to what your child says and get him or her involved in any possible discussion about the issue. Perhaps a few slight concessions will go a long way in creating a cooperative spirit between the two parties and in dispelling any adverse feelings from the atmosphere toward a family-wide positive opportunity.
Focus on the well-being and security of your child.
Legal Remedies and Options for Disputes
If your child relocation case goes to court, knowing the legal options available will be helpful. You could try mediation first, in which both parties lay out their concerns for agreement. Should that fail, you will probably have to pursue the motion in court.
Since courts review the best interests of a child, your case presentation must be solid and compelling. There is also collaborative law, in which clients and their attorneys attempt to agree on terms outside the jurisdiction of the court.
Be careful about visitation and communication arrangements. Every family case is unique, so you might need a family lawyer to assist you in finding whichever arrangement will work for your family the best.
