When parents choose to divorce or separate, they are still bound together by shared parenting responsibilities. This is true even in cases where one parent has sole physical child custody as the noncustodial parent still likely has legal rights to visitation.
What happens, therefore in cases where a custodial parent plans to relocate to another city or state? What rights does a noncustodial parent have? What action can he or she take to prevent a move or help ensure that his or her visitation rights are preserved?
When deciding matters related to relocation and child custody, much like all custody matters, the courts aim to provide for the best interest of a child. In cases where a relocation is deemed to not be in a child’s best interest, the courts may reject a petition of relocation.
Factors taken into consideration in child custody relocation hearings include the motives of each parent with regard to a potential move, any existing custody and visitation agreement, whether or not a move would serve to benefit a child and whether or not a possible alternative child custody or visitation agreement can be reached.
Dealing with child custody issues can be emotional and stressful. In cases where a custodial parent wants to relocate and move a child away from a non-custodial parent, disputes are common and the resolution of such disputes requires legal action. An attorney who handles family law matters can assist in helping negotiate and resolve conflicts related to child custody and relocation.
Source: FindLaw.com, “Child Custody Relocation Laws,” 2015