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What happens if the other parent does not agree to my relocation?

On Behalf of | Mar 4, 2024 | Relocation |

Parents often relocate for various reasons, such as receiving job opportunities, seeking better schools for their children, desiring a safer neighborhood or needing more affordable living conditions. They may also move closer to extended family for support or to experience a different climate or culture.

While moving is usually not an issue for others, it often triggers disputes between separated parents who share custody, have an existing parenting plan or enjoy visitation rights.

If you are a parent who is looking into relocating out of state with your child, but the other parent objects, here are the things you should know.

Disagreement triggers court intervention

Usually, parents are encouraged to discuss and settle issues involving their children on their own. However, this method does not always work. And when it does not, the court steps a foot forward and decide on the dispute itself as part of the process. Like all other cases involving children, child relocation requires the court to rule in the child’s best interests. In doing so, the judge will consider several factors including the following:

  • The child’s relationship with each parent
  • The child’s relationship with relatives and other family members in the area
  • The child’s ties to their neighborhood, school and community
  • In certain circumstances, the child’s preference

Moreover, the court can consider any other factor relating to the relocation that can affect the child’s well-being, both positively and negatively.

You can make your case and so can the other parent

If the dispute reaches the court, you will have the chance to explain and prove to the judge why relocating with your child is in their best interests. However, note that the court will also provide the other parent a chance to prove otherwise.

Hence, it is essential to prepare well for the case and note that moving forward with the case on your own can be a risky move. Usually, seeking guidance from a knowledgeable custody attorney is advisable help you make informed decisions and develop a well-grounded relocation case.