If you are attempting to relocate with your children, or if you do not consent to your children moving away from you, this is definitely one of the most important times for you to consult with an attorney. If you relocate without the consent of the other parent or a court order, the court can award custody to the other parent. If you are seeking to relocate with your child, you must notify the other parent and obtain their consent. If you are unable to obtain the other parent’s consent then you must get a written order permitting you to move with the children. It is important that all necessary procedures and requirements are followed so as not to jeopardize your rights or the welfare of your child. The court will consider various factors in order to determine if the move would be in the child’s best interest:
- Will the relocation improve the child’s quality of life or will it be to their detriment?
- What is the parent’s motive for the move?
- Has the custodial parent been complying with the visitation orders?
- Does the noncustodial parent support or oppose the move?
- Can there be adequate long distance visitation?
- What will be the effect on the noncustodial parent?
If all individuals agree on the relocation then a new written custody and visitation agreement must be created which sets a schedule for visits and transportation arrangements in light of the move. Family law attorney Swati Desai and her team have the experience and knowledge you need to address all child custody matters.