(ThyBlackMan.com) Latest data from the Census Bureau shows that millions of U.S. children live with a custodial parent while the other parent lives elsewhere. Mothers still comprise the large majority, but fathers are increasingly present.
When one parent has to move due to changes in their circumstances, there are ramifications that need to be considered for child custody rights. This relocation impacts child custody agreements, disrupting the visitation schedule and the relationship that the child shares with the other parent.
Let’s talk about what a parent might want to take into account before relocating.
How Relocation Can Change Your Child Custody Agreement
When one parent proposes relocation, conflicts surrounding child custody and parenting time change would inevitably occur. These conflicts have a tendency to rise quickly, particularly when the other parent strongly opposes the idea of relocation. According to Orange County child custody lawyer Christopher Engels, high-conflict custody disputes over complex issues, like one parent seeking sole custody or one parent seeking a move, usually increase the fees.
If you move to a place that’s far away from everything, your child will have a lot of different and even hard-to-manage needs. Communicating the details of your big life plans with the co-parent and seeking judicial permission before the relocation may become necessary.
The court of law typically embodies the best interest of the child and steadfastness as well as other considerable factors in its judgment. Record all discussions and agreements about the move so the parent can talk to the other parent about the new terms needed.
Understanding the Best Interests of the Child Standard
Understanding the “best interests of the child” standard will better guide the courts toward making evidence-based decisions as to which environment will promote the child’s well-being.
Several factors must be appraised by the court, some of which are the client child’s emotional, educational, and physical requirements. Parents need to be able to recognize the importance of having a stable relationship with their children to facilitate good negotiation for both.
When preparing your case, it should reflect the child’s best interests. Always consider the child’s thoughts and feelings. Listen to their desire for experienced care, and their commitment to fostering a bond with the other parent.
Key Legal Factors for Modifying Custody Due to Relocation
Relocating can alter existing custody and visitation rights, making it necessary to be familiar with the legal criteria for changing child custody when a move occurs.
When a custody change occurs due to relocation, the primary aspect the court will evaluate is the justification the moving party has for the change. Finding a new job may justify the move, but moving the child further from the other parent is suspicious and may raise concern.
Think of the potential effects of the move on the child’s existing relationship with the other parent. The court will give precedence to preserving communication and visitation rights wherever possible. The overall impact of relocation on a child will be accounted for as the judge makes custody decisions.
The child’s life in his or her environment should be the primary focus. This includes their schools and other community centers they are involved in.
Steps to Take Before Planning Your Move
Before considering a move, rake in all necessary data and an appraisal of the situation.
Review your current parenting plan thoroughly to identify any terms that the potential relocation may affect. Consider researching the area where you would move, concentrating chiefly on educational facilities, community resources, and job prospects available in the area.
Always consider the welfare of the children. Account for the child’s existing relations with others and with the other parent. You can discuss your plans with your friends and family.
Prepare to present your reasons for relocation. These justifications could influence mediation or court proceedings.
Communicating Your Relocation Plans With Your Co-Parent
How can you successfully discuss your intentions to move with your co-parent? Proceed with your informal talk without any interruptions.
If you are clear and precise about what you intend and are giving proper reasons behind your actions, many will hear and understand. A place that offers great job prospects, reputable schools, and well-built support services should be taken into account when moving.
Each person in the conversation is encouraged to talk whilst indirectly acknowledging their feelings. Both parties should listen attentively.
Your discussion should revolve around the child’s best interests.
Closing the conversation should involve documenting the discussion and recommendations in writing to give clarity for everyone involved.
Dealing With Opposition to Your Relocation Plans?
Dealing with opposition to your plans involves introspective reasoning. Offer empathy to the other parent and look at the situation differently. This approach can help reduce anxiety for the other parent.
Respect their feelings, yet make your stand about why change is needed. Explain how changes would actually benefit their child, especially in terms of obtaining much-needed stability and proper opportunities.
As an option, you can suggest a compromise involving extended stays and enhanced digital communication with the non-custodial parent. This can present a better comprehension of the role of a non-custodial parent in the child’s development.
Document all discussions and agreements for future reference. You can present these in case of disputes. And if this fails, consider some form of mediation for a smoother discussion to resolve the issue.
Modifying Custody Agreements After Moving
Parents sharing custody with an ex have a lot to consider when moving to another state. One of those is modifying terms of their child’s custody agreement.
Among the reasons that typically trigger changes to the parenting pact are changes in living environments or too much physical distance from the co-parent.
Engage in an open discussion with the other parent and look at how the custody agreement can ensure the best interests of the child. Dispute resolutions that can be achieved through mediation or courts may well necessitate initiating the proceedings. Provide evidence to the other party about how the new arrangement will support the child’s stability.
Staff Writer; Doug P. Ford
