Many custodial parents are wondering if they can relocate or move with their child for personal or economic reasons. If you are in this situation, note that you have the right, but the decision will still depend on child custody laws in your state and the specifics of your individual situation. The state laws may also explain the requirements for child relocation, rules, and notice consent.
Best Interest of the Child
Child custody lawyers in Albuquerque note the when determining a decision, the court will consider the best interest of the child. There is also burden on the custodial or non-custodial parent to prove whether the relocation will support the child’s best interest. Other than the best interest in certain circumstances, the court will also consider both the right of the custodial parent to move and the right of the other parent to maintain a meaningful relationship with the kid.
Good Faith Reasons
The court may take into account whether the move would improve the quality of life for both the child and the custodial parent. Some states require a statement that describes “good faith” reasons for relocation. This is especially true if the move would disrupt the child schooling, as well emotional and social stability. Good faith reasons include new and higher paying better job, better living cost, continued education, and others.
Unsuitability of the Move
In most states, the custodial parent has the presumptive right to move with the kid. If the other parent, however, opposes the relocation, that party needs to persuade and convince the court the move would harm the child’s welfare. When determining whether relocation would be harmful, the court usually considers the age of the child, health and education needs, and community ties. Sometimes, the preferences of the children may also play a part.
If the court believes that the move would be detrimental to the child, this may be considered a change in circumstance, which may justify a modification of the child custody order. This is why it is best to seek help from a child custody attorney. The right lawyer will educate you about the laws in your state and help understand your rights.