Is your relocation request in the best interests of your child?

On Behalf of Denis M. Gravel & Associates P.C.   |   Sep 12, 2022   |   Divorce

There are many reasons a divorced parent with custody of a child wishes to relocate. In your case, the move revolves around a better job.

Relocation will require you to petition the court and modify your divorce settlement agreement. Will the court approve your request?

Factors to consider

Concerning parental relocation, the court always prioritizes the best interests of the child standard. Some of the factors the court considers may include:

  • The relationship your child has with you and the other parent
  • The distance of the move
  • How relocation would affect the child’s development
  • Plans for a revised parenting schedule that would facilitate the child’s relationship with the other parent
  • The financial impact of the move on the family overall
  • Whether there is an alternative to the move
The relocation plan

Leaving the Lake County area for a move across the state requires considerable planning, especially when your child will accompany you. You must advise the other parent of the proposed relocation as soon as possible. You should be able to provide the co-parent and the court with details about the new location, the proposed community, schools and activities that are available for your child. You should also include travel plans that will allow your child to spend time with the other parent.

Burden of proof

Initially, it is not uncommon for the court to take a negative view of parental relocation. The other parent has the right to raise an objection. It is your responsibility to explain why the move has merit and provide proof to back up your assertion. You can rely on legal guidance to help you craft a petition for the court that will put your request for relocation with your child in the best light possible.