Facebook Google Plus LinkedIn RSS

Are you thinking about relocation? Is the other concerned party moving to another state with your children?

Most states have passed laws that prohibit custodial parents from taking their children and moving out of state without notifying the court and the other parent. These laws were designed to prevent a custodial parent from removing the child from the state without the knowledge of the other parent, which may result in the lack of contact with the noncustodial parent and the child. Furthermore, failure to comply with these laws can result in very serious consequences for the parents who tries to do it. Therefore, it is extremely important that you speak with a lawyer and be aware of the laws of your state regarding the relocation of a custodial parent before you decide to move to a different state or your partner decides to relocate with your children.

Divider Image

Relocation

1

WHEN CAN A RELOCATION TAKE PLACE?

It all depends on what the court considers as the child’s best interests. Surely there are many things that need to be considered in case of wanting to relocate with children, specially if that relocation is international, in that case the other spouse may have to pay for the extra expenses of travelling and staying in another city or country when the other spouse has to spend time with his or her children.

2

WHAT FACTORS CAN AFFECT A RELOCATION?

Although about 50% of relocation requests are accepted, it is important to keep in mind what will or will not affect the decision of the court. These are some of the most relevant factors:

  • Existing agreements between you and your ex-spouse.
  • The life standard your children have and what difficulties they may face when they get older.
  • The age of your children.
3

IT ALL DEPENDS ON THE LAW IN COURSE

The complexity of the laws of the different states concerning this matter varies. Some states require that the custodial spouse perform certain actions before moving out of state or even within the same state, if the new location is more than a certain distance away from the original location. These requirements go from formally notifying the court and the other parent about the planned relocation, until the appointment of a hearing for determining whether the decision should be modified or just revoked.

The court can also make new arrangements for longer visitation periods, depending on the distance involved, as well as payments resulting from the increased costs of visitation; If you are the one who is moving out of state, then you may still be responsible for the transportation costs incurred by the visitation.

Whatever the laws of your state may be, it is essential that you follow the rules and comply with these requirements, since the court may order you to return your child to his or her original state, prohibit you or your partner from leaving the state with your child, order you or her to pay fees of the other parent’s lawyer, and even remove the custody of the child. As you can see, failure to comply with these laws can have profound consequences.

4

WHAT IF MY CHILD HAS BEEN RELOCATED ARBITRARLY?

You can immediately apply for a Recovery Order, so the other parent must return your child to where he or she normally lives. A Recovery Order will also enable:

  • That polices act and return a child to the place they were before the relocation took place.
  • It also prohibits the parent from trying another arbitrary relocation in the future.
  • Not paying attention to a Recovery Order and trying to do it arbitrarily once again in the future is considered illegal and can have profound consequences.
5

AVOID PROBLEMS WITH TO LEGAL ADVICE

Legal issues can be complicated and stressful. A qualified lawyer in child custody can address your legal needs, explain the law and represent you in court. Although in most cases relocations do not take place because the court does not allow it unless there are truly important reasons to do it, you may find professional assistance still useful. Contact us if you are considering relocation or if your partner has moved with your children without telling you.

Request A call Back

At Melbourne Family Lawyers Co, we will provide you with top legal representation so you are able to spend time with them, prevent improvised relocations, and avoid financial affections due to property settlements and goods distribution.