Relocation can have a significant impact on the well-being of a child as well as the nonrelocating parent. It is thus crucial for the relocating parent to understand the legal requirements and various factors they must consider before proceeding with the decision to relocate with a child. 

By being aware of the necessary considerations, you as the parent can navigate the process more effectively while prioritizing the child’s best interests and ensuring compliance with the applicable laws.

Here’s a list of the crucial things you need to know:

1. Importance of a lawyer

While most custodial parents can come to an agreement about relocation without legal intervention, some parents require court mediation. Court battles can be a draining experience, affecting both parents and the child. Therefore, finding a professional to handle the cases is a wise decision.

A family lawyer, such as a child custody lawyer in Denver, if you’re a resident, can walk you through the legal process, help protect your rights, and advise on the child’s best interest. Therefore, having a lawyer can increase your chances of getting approval for a relocation.

2. Child’s best interest

Relocation can be challenging for a child. It means the child will be away from the life they’ve gotten used to. It can also significantly impair the time they spend with the other parent. As such, the relocating parent bears the burden of proof that the move is in the child’s best interest.

To prepare your proof, you can make a list of all the advantages of relocating. Consider the child’s emotional and physical well-being, the child’s safety and security, access to education and healthcare, and the standard of living. If the court decides that the move serves the child’s best interest, then there’ll be a higher chance of approval.

Another way to strengthen your case is to look into other areas that can give you leverage, such as communication with the noncustodial parent, frequency of meetings, and the relationship between the child and other significant people, such as grandparents.

3. State rules on relocation

Child custody relocation laws vary by state. Therefore, you should familiarize yourself with the state laws regarding relocation.

One of the rules regarding relocation pertains to notice and consent. In some states, you must provide notice and obtain consent from the other parent about moving. Usually, the notice period can be 30, 60, or 90 days. For example, in Pennsylvania, the party with custodial rights must send a notice of proposed relocation no later than 60 days before the proposed move via certified mail.

4. Implications for the nonrelocating parent

For the nonrelocating parent, they may face several challenges. First, if the move is considerably far, relocation can make it more challenging for them to maintain regular contact and visitation. However, the court may order the relocating parent to pay the visitation expenses for them.

In addition, the existing visitation schedule may need to be modified to accommodate the new distance between the parents, ensuring the rights of the nonrelocating parent to visit the child are honored. They may need to negotiate a new visitation arrangement through the court.

If they do not agree with the proposed relocation, they may have the option to object and seek a modification of the custody arrangement. The court will consider factors such as the best interests of the child, the child’s age, and the involvement of both parents in making a decision.

5. Child’s relationship with the nonrelocating parent

It’s important to note that the relationship between the child and the noncustodial parent can affect the outcome. Generally, courts consider the child’s best interests, first and foremost, to determine whether the proposed move is appropriate.

If the parent has been positively active in the child’s life, such as by being present at doctor’s appointments and school meetings, then the court is less likely to approve the relocation. However, if a relocating parent can demonstrate that the move will not significantly impact the nonrelocating parent’s involvement with the child, it may strengthen the relocation case.

Conclusion

Child custody relocation is a complex process that can be draining emotionally and physically. However, due process should be followed to ensure the child’s best interests are met. Adherence to the applicable laws and making considerations based on them and the relationship between the child and both parents can help you navigate this space.