Parental relocation can be a primary concern of both parents when one wants to relocate with the child. It is important for parents facing this situation to know in what circumstances parental relocation with the child may be permitted.
When parental relocation with the child may be permitted
Child custody decisions are always based on what is in the best interests of the child. This is also true when the family law court is deciding if one parent should be permitted to relocate with the child a distance away from the other parent. When one parent asks the family law court to relocate with the child, the question will be what is in the best interests of the child.
If the family law court determines that the relocation is not in the best interests of the child, the parent requesting the relocation may be required to remain in the state with the child. As is commonly the case, parents are permitted to agree to child custody arrangements and can agree to a parental relocation. Such a provision could be included in the original child custody arrangement. If they cannot agree, the family law court will decide based on what is best for the child.
Depending on the situation, the family law court can look to different factors to decide whether to allow the requested relocation. The court may perform a distance-based determination and deny a move beyond a certain distance. The parent requesting the relocation may be required to demonstrate a good faith reason for doing so such as the move will be to a location with a better cost of living; the move will allow them to live closer to family who can help with childcare; the move will allow the parent to obtain a new job or a better job or to continue their education.
The family law court is likely to try to avoid any disruption to the child’s school schedule or emotional and social stability because this would not be best for the child. Taking into account a variety of factors, the family law court will seek to determine what is best for the child which is a standard parents can also look to when requesting a relocation with the child.