Child Custody Relocation Considerations
Often when families are considering moving, they will plan to do so in the summer months, as to not disturb the school year for their children. Child custody relocation is not uncommon following a divorce, or a separation. But there are rules in place and guidelines to ensure that the best interest of the children is protected. Even in tough economic times, it is important to weigh some considerations before you relocate your kids.
Reasons to relocate
It can be frightening to consider your children moving away from you and on occasion, it can be difficult to ascertain the reasoning behind the request. Child custody laws vary by state and your legal and physical custody will determine how involved the court system must be. Courts are charged with considering the best interests of the child when evaluating a relocation request and some situations may be considered more “good faith” than others. “Good faith” moves are typically focused on better housing, better jobs, continued education, proximity to extended family and regular visitation is still possible. “Bad faith” moves are reasons like trying to move further away from your former partner as revenge, attempts to limit your child’s access to your ex, or a reduction in child support.
Best interest of the child standard
The court’s primary focus is to support the best interest of your child. There are occasions when the court will rule against a relocation request in favor of not disrupting your children’s lives any more than necessary. Best interest standards vary by state, but in general there are a few questions you’ll have to answer to have your relocation request granted. Will your child’s environment or routine improve or maintain consistency? Will your child’s health and safety be maintained? Will your child’s family bonds be enhanced? And what does your child want?
A relocating parent should anticipate having a very difficult burden of proof in court. When heading to court you just be prepared to answer questions about possible school choices, activities, and have explanations ready for accommodating travel and alternate parenting accommodations.