The dissolution of marriage is a hard enough process, but child relocation discussions can magnify them exponentially. Sure, the divorce will be hard for the child either way; but having to decide where they will live makes things so much harder. Custody is one issue, child relocation is another. There are plenty of factors that can determine the outcome of this negotiation. Both the parents and the child are traumatized by the entire ordeal, so it is best to keep it as simple as possible. There is always a possibility to make it a little smoother, and that is what is best for the child. But, it all boils down to one parent proving that it is in the best interest of the child. You can read more about it here, but this is a quick rundown:
- The reasons each parent gives for their cases, whether it is for the stay or child relocation.
- Whether good faith backs the relocation.
- The career that the objecting parent is in and what their prospects may be in the area sought for the child relocation.
- History of both parents.
- The child’s relationship with a relocating parent and the non-relocating parent are big factors in this decision.
- The child’s age and needs.
- The court’s ability to maintain the relationship between the child and the non-relocating parent is something that belongs under advisement.
- The child’s preference is another consideration.
- How the child relocation will affect the life of the parents, as well as the child.
- The current financial situation of each parent and how the child relocation would correlate with them.
- Any other factor regarding the best interest of the child.
The reasons each parent gives for their cases, whether it is for the stay or child relocation.
The judge will hear all of the reasoning given and that tends to lay the groundwork for support of the parent’s argument.
Whether good faith backs the relocation.
This often means the non-relocating parent and their financial support or keeping to scheduled visits.
The career that the objecting parent is in and what their prospects may be in the area sought for the child relocation.
If the relocation could be handled by both parents relocating, that may be a consideration for the court.
History of both parents.
The court will likely consider any history of domestic abuse, drug abuse, rehabilitation, counseling, run-ins with the law and financial support problems.
The child’s relationship with a relocating parent and the non-relocating parent are big factors in this decision.
Courts always want children to have the benefit of both parents, but that isn’t necessarily something that is always achievable. The consideration for proposed methods of attaining that shared goal is almost a guarantee.
The child’s age and needs.
There is always consideration given to how a move will affect their development. If it is considered something that could be negative; it is likely they will have the child stay with the non-relocating parent.
The court’s ability to maintain the relationship between the child and the non-relocating parent is something that belongs under advisement.
If there is a compromise that will keep the integrity of the relationship and consistently, there is no reason that the child should have to stay.
The child’s preference is another consideration.
If the child feels more connected to one parent than the other, it could be traumatic to keep them apart. This is something that no court would inflict on a child, especially since it will affect them in the long run.
How the child relocation will affect the life of the parents, as well as the child.
If the is belief that relocation can contribute to the wellness or enhancement of the child’s life, the court may acquiesce. The child is the most important focus in these cases and what is best for them tends to be the ruling of the court.
The current financial situation of each parent and how the child relocation would correlate with them.
In some cases, if the parent that the court would prefer to keep the child feels that they could improve their financial situation because of a job offer in another city or stay with a parent, that might be considered.
Any other factor regarding the best interest of the child.
It can be hard to list every possible influence. But, anything that is an influence on the child’s well-being and happiness is taken into consideration, no matter how small or great.
Child relocation is a very complex process that is hard for everyone. Tensions will already be running high from the dissolution of the marriage, the easier the child relocation discussions can go; the better. Naturally, that process will extend the divorce; but it doesn’t have to be as painful and lengthy as it can be. You need someone who has experience in this focus of the law, to keep the damage and time to a minimum. They will be able to find a great compromise that works for everyone and as quickly as possible. You don’t want to compromise your rights or what is best for your child. But, you don’t want to traumatize them, either. Have someone represent you who truly stands for what you want and what your child needs. The more experience they have, the better. But, they will also need a deep understanding of the laws at play. That will give you an advantage that other attorneys cannot offer. Be honest and open about everything, so they can play for your strengths and prepare for the downfalls. You can start your research here.
