A parent with physical custody may want to move at some point after the initial custody order is entered. In order to move with the child, a parent will need the permission of the other parent or a court order. That parent has the burden of proof to show that the move is in the best interests of the child. If not, they will not be permitted to relocate.
If a parent consents to the relocation, there must be a written agreement. There will be arrangements for the other parent to have custodial time with the child, which may occur during the summer or other breaks from school. The parents would have to negotiate the child’s transportation and the associated expenses.
The court wants the children to spend time with, and have relationships with, both parents. If the other parent spends a significant amount of time with their parent, the court would be less likely to allow the move. However, the court would consider factors such as employment and the support network available to the parent who wishes to relocate. They may also permit a move for educational opportunities or for the parent to remarry. The court would reason that an improvement in the parent’s life will ultimately benefit the children. In addition, the court may look to rearrange the visitation schedule, allowing the children to spend longer blocks of time with the parent.
In the end, the court wants the children to be in the best possible situation for them.
If you are dealing with any type of modification to the custody or child support order, you need an experienced attorney to help. Contact the EJ Boswell Law Office online or call us at 706.454.0032 to discuss your matter.