Challenges of Relocating With Children Post-Divorce

A divorce can be a complicated matter when children are involved. Even after the divorce is resolved and custody has been determined, both parents must continue to interact with each other. Often times, complications arise when the custodial spouse wishes to move to a new city, state, or country with the children.

The result of which typically becomes a complex situation in that the spouse wishing to relocate might be doing it to give the children better opportunities or reduce their living expenses, but the left-behind parent will obviously be unable to see his or her children as easily as before. Because of this, relocation issues rarely work out to the satisfaction of all parties.

If you are on either side of this situation, you need to understand how the process works, and what the court will base their ultimate decision on.

 

Getting Relocation Rights

Are you the spouse who wishes to move? If so, you need to plan ahead; relocation cases will often take several months or even over a year to resolve.

It is very important that you seek legal counsel prior to making any ultimate decisions and prior to making any applications to Court.

What determines your chances of getting approval? The court will always act in the child’s best interests, and look at factors such as:

• Main reasons for moving, such as educational and employment opportunities or safety
• Relationships with parents and other family members
• History of domestic abuse or child endangerment from either parent

Defending Against the Move

Meanwhile, parents who wish to prevent the move face the same challenge in attempting to prove to the Court that it is in the best interests of the children not to relocate. Acting quickly is a must, however, if you do not respond within a specified timeframe, the courts might assume that the relocation is in the child’s best interests and simply permit it.

Whether in the mediation stage or long after the judgement, our firm is capable of handling divorce disputes. If you require legal representation for a relocation dispute, contact us today to schedule your free consultation.