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| January 12, 2010 |
| What is Relocation in Custody Cases? |
| Posted By Tim Colgan |
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When a parent who has primary custody of minor children wants to move, that parent either needs the consent of the other parent or permission from the court to move the children. While the court doesn't have jurisdiction over where the parent lives, they do have jurisdiction over the children and can ultimately decide if the children will be able to move with the parent. What constitutes a relocation isn't always clear cut. In some instances, a 5 mile move might be considered a relocation because it involves a change in school districts whereas in other cases a 45 mile move might not be considered relocation because the kids don't change schools and the parents are able to follow the same schedule of custody after the move as they did before the move. If it is a relocation case, the court has to consider three things in deciding whether to grant or deny the move: 1. What are the reasons that the custodial parent has for the relocation?; 2. What are the reasons the non-custodial parent has for opposing the move?; and 3. Can a schedule of custody be worked out that is similar to the current schedule of custody?
If you are considering a move, you should check with your attorney before moving or before committing resources to the move (down payments, changing jobs, etc.). If you'd like to discuss this issue or any other issue you may be experiencing, give us a call at (800) 615-0115. Our telephone consultations are free. |
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