On behalf of Stange Law Firm, PC posted in Child Custody on Saturday, June 1, 2019.
Child custody and visitation can be two of the most hotly contested family law issues. When parents split, each often has a different idea about how to raise a child and what actions further that child’s best interests. Disputes may arise with regard to a parent’s activities, such as domestic violence and substance abuse, and financial consideration may also come into play.
Another common issue that arises is parental relocation. In today’s mobile society, it’s not uncommon for individuals to regularly move to be closer to family, secure new job opportunities or acquire new life experiences. When that move involves a child who is subject to a custody order, though, moving isn’t as easy as packing up and hitting the road. Instead, notice must be given to the child’s noncustodial parent. If, after 60 days, the noncustodial parent fails to file an objection to relocation, then the move can occur.
If the noncustodial parent does file an objection, though, then the parent who is seeking to relocate with the child must show that the move is being made in good faith and is in furtherance of the child’s best interests. A number of factors may be taken into consideration when making this determination, including the reason for the move, how the relocation will affect the child’s relationship with his or her noncustodial parent and whether the move will provide the child with greater financial resources and/or educational opportunities.
The outcome of a parental relocation dispute can have a profound impact on one’s relationship with his or her child. Therefore, these matters may require aggressive argument, especially given the fact that the best interests standard is highly subjective and includes may factors. Competent family law attorneys will know how to adequately address these issues to best ensure that your and your child’s best interests are as fully protected as possible under the circumstances at hand.