Relocation and Custody

Relocation can be a complex issue for divorced or separated parents, especially when children are involved and the move occurs close to the start of a new school year. Whether it’s for a new job, to be closer to family, or for personal reasons, relocating can significantly impact custody arrangements and the well-being of the children. It is so important to understand all of the legal regulations, before switching locations as a co-parent.

When you are considering relocation, the first step is to look over your custody agreement. Most custody orders include specific language regarding relocation, often requiring the relocating parent to notify the other parent, and sometimes the court, before moving. The agreement may also stipulate a certain distance within which the parent must remain or outline a process for handling relocation requests.

If your custody agreement doesn’t address relocation, or if you need to modify the existing terms, consult your attorney to explore your options. Attempting to relocate without adhering to the legal requirements can result in severe legal consequences, including contempt of court or a loss of custody rights.

In most cases, the parent that wishes to relocate is required to notify the other parent. This notification should be done in writing and include essential details about the move, such as the new address, the reasons for the relocation, and any proposed modifications to the current custody or visitation schedule.

Giving proper notice allows the non-relocating parent an opportunity to respond or contest the relocation if they believe it is not in the child’s best interest. Failing to provide notice could result in legal challenges and potentially damage your case.

When a relocation dispute arises, courts primarily focus on the best interests of the child. Factors that may be considered include:

• The Impact on the Child’s Education and Social Life: Will the move disrupt the child’s schooling, friendships, or extracurricular activities? Courts may be hesitant to approve a relocation that significantly impacts a child’s stability and routine, especially if it negatively affects their education.
• The Child’s Relationship with Both Parents: Courts value maintaining a strong relationship between the child and both parents. If the relocation makes it more difficult for the non-relocating parent to spend time with the child, this could weigh against approving the move.
• The Reason for the Relocation: You need to have a legit reason for your move, the courts with evaluate and determine if it is a good reason. Is it for a legitimate reason, such as a job opportunity or to be closer to family support? Or is the move being pursued for personal gain or to hinder the other parent’s access to the child?
• The Child’s Preference: Depending on the child’s age and maturity, their preference may also be taken into account when considering relocation.

If approved, it will be necessary for modifications to be made on the custody. For example, the non-relocating parent may be granted extended visitation during school holidays or summer vacation to make up for the reduced time during the school year. It’s essential to create a new parenting plan that accommodates the logistics of long-distance co-parenting.

Working with a family law attorney can help ensure that any modifications are fair, reasonable, and legally binding.

If both parents agree on the relocation and any necessary custody modifications, they can submit their agreement to the court for approval. However, if the parents cannot reach an agreement, mediation may be a helpful tool to resolve the dispute without going to court. A neutral mediator can facilitate discussions and help both parties reach a compromise that works in the best interests of the child.

If mediation fails, the issue will be decided in court. During the hearing, both parties will present evidence and arguments for or against the relocation, and the judge will make a determination based on the child’s best interests.

In conclusion, moving to a new location as a divorced parent can be a long process. You have to get it approved by the court, and make sure it is good for your child. At our Divorce Lawyer Provo we want to help you get through this relocation as smoothly as possible.