Relocation

Following divorce, some individuals decide to relocate for work, for financial reasons, or for personal reasons. When a divorced couple has no children, both individuals can move where they want without any legal obligation to the other. However, the issue of relocation becomes much more complicated when children are involved. Both parents have a legal right to visit and spend time with their children, and if one parent moves too far away, it may limit the time that the other parent is able to spend with his or her children.

Relocation Issues

Because both parents must be able to visit their children, states have certain rules that a relocating parent must follow. If the custodial parent chooses to move to a new location that will affect the non-custodial parent’s visitation schedule, the individual who wishes to relocate must inform the other parent of the location and the reason for the move. Both parents must agree on a revised visitation schedule before the custodial parent can relocate.

If the non-custodial parent does not agree to the revised schedule and relocation, the parent requesting to move must then file a motion with the court for approval to move. The court takes a relocation request very seriously and weighs several factors when deciding whether or not to authorize the move, such as:

• Reasons for requesting the move
• Reasons for objecting to the move
• Each parent’s personal relationship with the children
• Presence of extended family at the current or proposed location
• Comparison of educational opportunities between the two locations
• Impact of the proposed move on the children

All of these variables are taken into consideration by the court to determine what course of action would be most beneficial for the children involved. Both parties will be given an opportunity to appear before the court and make their case for or against the relocation.

Defending Your Case

Clearly, what would seem to be a simple move can be a complex issue when children of a divorced couple are involved. Relocation can have a drastic effect not only on the children, but also on the relationship between the children and the non-custodial parent. It is therefore important to seek sound legal advice and assistance from an experienced attorney to argue your case and to see that your legal parental rights are upheld.

Contact Us

To consult with an attorney regarding your divorce and relocation issues, contact the law office of Hull & Zimmerman, P.C., today at 303-423-1770.