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Move-Away and Relocations Lawyers

July 12, 2020

When a parent moves or relocates, it can create issues with child custody and parenting plans. When the court gets involved with relocation custody cases, it must consider the best interest of the children in setting a parenting plan. The court will consider a variety of different factors and determining where the child will primarily reside and what the visitation schedule should be. Because relocation child custody cases are complicated, you should seek out legal representation from an experienced custody lawyer.

What issues can arise in a relocation case?
Relocation of a parent can create several issues which may require intervention of the court. If there is an existing child custody order in effect and relocation will make it difficult or impossible for the parents to comply, then it may need to be modified. In many relocation cases, it is not feasible for parents to share equal custody, so it may be necessary to determine which home the child will primarily reside.

Some additional issues that can arise in relocation cases may include:

  • How to transport the children between residences
  • How travel costs should be allocated
  • The extent of contact and visitation between the children and each parent
  • How to ensure both parents remain involved in the child’s life
  • Child support, health insurance and sharing of the children’s expenses
  • Preventing issues of alienation

Some of these issues can be complicated and may require the court to make a decision.

What factors will the court consider in a relocation case?
The court is charged with the duty to seek out a parenting plan that is in the best interest of the children. Typically the court will seek out a schedule that allows both parents frequent and consistent time with the children. This does not necessarily mean that each parent will have equal time and one parent may end up having the children more than the other. In determining which parent will have the majority of the custodial time, the court will consider:

  • The wishes of the children
  • The need to promote stability and continuity in the child’s life
  • The character of the parents and other person’s involved
  • The interrelationship of the children with each parent and siblings
  • Whether there are issues of domestic violence or substance abuse
  • The amount of family support each parent has in the area they reside
  • The extent the child will need to adjust to a new community
  • The economic opportunities for the parents and children in each area
  • Whether each parent will foster a relationship between the child and the other parent

The court can consider any relevant information or evidence that will assist in its determination of what is in the children’s best interest. In some cases, the court may hear evidence from experts in child custody and relocation issues to provide guidance into what custody schedule would be best.

How can an attorney help with a move-away and relocation case?
Whether you are the parent who is relocating or the parent who is contesting relocation, you should seek out an experienced attorney. Because relocation cases involve unique issues, it is important to seek out an attorney who has experience with relocation issues. An attorney will represent you in the case and advocate for your position. An attorney will protect your rights and help you understand how the law applies to your situation.

An attorney will help you gather the necessary evidence and information to support your position. Your attorney will also provide you with legal advice about how to best respond to various situations and issues that may arise during the case. They will ensure that the other party plays by the rules and does not try to abuse the process.

If you are dealing with child custody questions or a situation involving a move-away or relocation, the contact our office to visit with an experienced child custody attorney. We will consult with you and help you understand your rights and the options that are available.



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