Child Relocation Cases and Child Guardianship
Divorce can complicate a lot, especially if you are trying to move out of your state. Relocation, especially if you are recently divorced, can be an issue. For example, if you are trying to move more than 75 miles away, you may have to hire a divorce lawyer to help you understand your rights as a guardian of your child and how they pertain to the agreement of your divorce. In the cases of relocation, either parent can request a relocation or challenge an attempted relocation of a child. Whether you are planning to move a child out-of-state or would like to stop a child from being taken out-of-state, a custody and relocation lawyer might be able to help.
Relocation of a Child: Request Process
For divorced parents, relocating isn’t as easy as picking a new home and moving there. With a child, the whole process can become complicated, especially if the other parent wants to contest the move. If a parent would like to move a child more than 75 miles away, the custodial parent must notify every other adult that has visitation rights about the prospective move. The notification must be received at least 60 days prior to the move or by the 10th day after the information was initially shared with the other parent.
When it comes to the relocation of a child, you must fulfill the notice precisely. If not, you could be denied permission to relocate the child or even lose custody of your child.
The reason why the consequences for relocation are so severe is that if the notification process isn’t handled properly and legally, you would be in contempt of your divorce agreement and could be charged with kidnapping your child. So, do the process legally with an attorney at your side for support and guidance.
Requirements of Relocation
Relocation can be allowed if there are certain requirements that are met. For instance, courts will typically choose the situation that is more favorable for the child. If a parent who provides the most support for the child is requesting permission for a relocation, it will typically be granted. There are other stipulations as well that are required to grant relocation rights as well, such as:
- Age of the Child
- Child’s Request
- The Quality of Life for the Child
- Improving the Child’s Environment
- Enhancing the Child’s Development Emotionally, Physically, and Mentally
If the child’s quality of life mentally, emotionally, or physically will be improved by the relocation, a court could vote in favor. For instance, if you can prove that the child’s life would be improved by removing them from an abusive situation, your case for relocation would be approved.
Contesting a Relocation Request
If you are the non-relocating parent and would like to contest a relocation, you will most likely need a divorce attorney’s help. Why? A divorce lawyer will be able to develop an argument and help explain to the court your side of the case. Obviously, you don’t want your child to move away, especially if you are a worthy parent that loves your child. Though divorce can be difficult, it can be more difficult to have your child move away. By contesting a relocation, you can possibly stop your child from leaving to a different state. Contesting a relocation is also a great way to prove that perhaps the relocation isn’t the best for your child, but an attempt for the other parent to hurt the other emotionally. After all, a love for a child can be limitless, so a threat to take that child away can cause tension to rise.
With the help of a family law lawyer, they may be able to help you contest the relocation of your child and even have the care thrown out completely. If you are a loving parent, you may have hope to stop your child from relocating. And, if you cannot stop the relocation, a lawyer may be able to get your more visitation days.
Relocations can be very difficult, for everyone involved. If relocation is contested by either parent, this means a lawyer should be contacted. This precaution is to ensure that the final ruling of the relocation is fair for both parties, as well as the child. Contact The Women and Children’s Law Center for a family attorney to help you and your case.