When parents are divorced and have a child custody agreement in place, they must follow it. However, there are circumstances when a parent may need to relocate and the agreement needs to be changed.
Relocation requirements and court process
It is very important for the parent who intends to relocate to follow the proper court process so that the relocation can be approved. If they do not, there can be serious consequences, including an unfavorable change to their custody rights.
First, if a parent who has custody of the child wants to move, they must give the other parent notice. Usually, notice must be given at least 60 days before the move. The notice should include specific information about the relocation, including the new address and phone number.
The non-relocating parent will have an opportunity to object and if they do, the court will hold a hearing to review their concerns.
Best interests of the child
Whenever the court reviews a relocation situation, it considers the best interests of the child. The court’s goal is to ensure that the child has a stable and positive environment, no matter whether one parent has custody or if the parents share custody.
In deciding whether to grant the relocation, the court will look at the reasons for the relocation, the child’s relationship with the parents, how the move will affect the child’s well-being and how to ensure the non-relocating parent still has a relationship with the child. Sometimes, if the child is old enough to decide, the court will consider the child’s preferences.
If the court approves the relocation, it will issue an order to modify the existing child custody arrangement.