Parental Relocation

Starting a new life in a new home can be challenging for anyone, especially if it also involves moving far away. But for kids, moving can be particularly hard. They don’t have a say in a decision that will take them away from their friends, their school, and the streets they grew up on. If their parents are married, though, their family will be a comforting constant, and the relationship between parents and their children will remain unchanged. For divorced parents, relocation can be much more complicated. If a custodial parent wants to move any significant distance, it can disrupt the other parent’s relationship with their child and impact custody and visitation arrangements.

relocation
If one parent raises objections to the other parent’s contemplated move, a judge will need to decide whether to allow the move. Whether he or she will grant the relocation request is based on whether moving is in the child’s best interest. Judges consider many factors when evaluating what is in a child’s best interest, including the maintenance of a healthy relationship and parenting time between the non-custodial parent and the child.

Other factors may include:
  • The reasons why the party wishes to relocate with the child
  • The reasons why the opposing party is objecting to the proposed relocation;
  • The history and quality of each party’s relationship with the child
  • The educational opportunities for the child at the existing location and at the proposed new location
  • The presence or absence of extended family at the existing location and at the proposed new location
  • Any advantages of the child remaining with the primary caregiver
  • The anticipated impact of the move on the child