After two parents divorce, a lot can happen in their respective lives that might warrant even further changes, including a big move that can substantially impact child custody and visitation rights. However, the courts understand that some changes are necessary. As long as the move will serve a child’s best interests, it is possible to have this request granted. That said, several factors will have to be considered before any life-altering decisions can be made. Keep in mind that, of course, both parents can freely move whenever they wish. The only caveat is that a parent cannot relocate with a child, given that it would impact the other’s custody or visitation rights.
Here are some factors the courts will consider before allowing a custodial parent to relocate with his or her child:
- The stability and quality of the child’s relationship with his or her parents, siblings, or other extended family members, such as grandparents or aunts and uncles
- The intent of the parent who is either requesting or against the move
- If the moving parent has an established pattern of conduct to improve or harm the non-relocating parent’s relationship with the child
- The age and maturity of the child
- The level of impact moving or staying would have on the child’s physical, educational, and emotional development and relationships with both parents
- The quality of life, opportunities, and resources the child will have in the new location with the relocating parent
- Other arrangements that might potentially allow the child the maintain a closer relationship with the non-relocating parent
- If it is possible for the other parent to relocate as well
- The financial affect a relocation would have on both parents
- In some cases, the child’s preference might be taken into consideration if he or she is old enough or mature enough
If a relocation is considered to be in the best interests of the child, the non-custodial parent would likely end up with limited visitation periods.
Negotiating with the Other Parent
Regardless if you are the non-custodial or custodial parent, reaching a mutually agreeable resolution is easier to accomplish when both parties are able to cooperate and negotiate with one another. Through negotiations, the non-custodial parent might be able to receive longer periods of visitation during vacations, such as summertime or the holidays, in exchange for allowing the custodial parent to relocate with the child.
Of course, relocating is a major decision for any family, so make sure you consult with a family law attorney as soon as possible to ensure you achieve the best possible results.
Denver Relocation Attorney
If you would like to relocate with your child, you need to obtain the skilled legal assistance of a family law attorney. At Denver Family Lawyers, our relocation attorneys are here to provide you with the experienced and compassionate support you need during this difficult time. Regardless if you are the custodial parent or not, you can count on our legal team to bring the experience and insight that is necessary to achieve results.
Get started on your child relocation case and contact our law firm today at (303) 225-3343 to request your free initial case evaluation.