Noncustodial Parent Moves

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After the dissolution of a relationship, the courts have the difficult decision of determining what is in the best interest of the child. Often times parents do not remain within the same vicinity of one another once the relationship has ended. This situation can be quite difficult for a child to deal with, especially if their parents live hours away from each other.

The custodial parent may have many reasons for wanting to relocate to another state or country, however there are many factors, which determine whether the court system will allow the parent to relocate. People relocate for jobs, economic reasons, cheaper housing and educational opportunities. While these are all valid reasons, if it causes a hardship on the child, the courts
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Check with your attorney or the courts in your state to determine the specific requirements for written relocation notifications. The last thing a custodial parent wants is to relocate and have to deal with a court battle from the noncustodial parent, simply because they didn’t give proper notice to the parent. If a custodial parent relocates without proper notice, they are essentially kidnapping the child, which will result in legal ramifications.

Distance matters. Some states have stipulations on how far the custodial parent may move before requiring a written notice to the other parent. While the provisions may vary depending on the state, it is wise to check with your attorney about the requirements for your specific state. Divorced parents should check their paperwork to determine if there are specific provisos in the decree or agreement that prevents the parent from moving a certain distance away from the other parent.

The judge will assess the relocation request to ensure that the custodial parent will have adequate before and after care, the physical setting of the home and if the living arrangements are
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Reasons for relocation are divided into two different scenarios, personal and economic. The judge reviews the relocation request and determines if the reasons for the relocation are strictly a personal reason for the parent or if there is a real need to relocate.

There are many factors to consider. If the other parent decides to protest the relocation the judge will look at several things before considering the relocation. They will want to ensure that the relocation will be what’s in the best interest for the child. A judge will consider the custodial parent’s earning abilities. The judge will also consider whether extended family members will be at the new location.

Relocation requests are also evaluated to determine the quality of life for a child. If the relocation will provide better educational opportunities and a nicer living situation, the judge is more apt to approve it. As the custodial parent, the relocation request is a challenge to gather as much information as possible to prove that a relocation is what’s best for the

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