Moving is an incredibly stressful yet existing part of a family’s life. You may be moving for your work or for personal wishes. It can bring about new opportunities, but it can also be especially hard when you and your co-parent are separated. For your children who are dealing with loss and instability from the separation, a move can worsen these feelings. However, a move can also help families get fresh starts. Navigating relocation is easier with a skilled family law attorney.
The court understands that the custody arrangement created during the separation and divorce will not always be right for a family’s circumstances. Relocation of a parent, especially a parent that holds primary custody of children, is a big change. In some cases, this change requires parents to go to court to determine a new court order. Whether you are a parent hoping to relocate or are facing a co-parent who wishes to relocate, it is crucial that you know your rights.
How Does Relocation Affect Children?
Relocation can be destabilizing, but it can also provide significant educational, personal, societal, and financial opportunities for parents and children alike. A parent may want to move closer to certain family members, allow their children to attend better schooling, or to pursue a career.
Relocation can bring many benefits for children’s lives, but it is still crucial that both parents are also aware of the toll it can take on children. Children may be losing their friends, their community, and usual routines. If relocation must happen and is beneficial, it is important both parents do what is possible to retain the children’s routines and normalcy, in addition to preparing them for the move.
What Are the Requirements for Relocation?
The exact relocation requirements differ based on state laws. Some states allow small moves without needing a parent to notify their co-parent, while other states require a move of any distance to get parental consent. Many states also require a parent to provide notice prior to the move occurring, requesting the other parent’s consent and informing them of the new home’s address and other information. The form of notice depends on the state.
If parents agree on the move being the right option the court generally does not interfere except to ensure that the changes made to custody and support are in the child’s interests. However, when parents do not agree, more complex steps must be taken to show the court that relocation is right for your children and your family. Once the other parent is informed of the move they can object to it.
You must petition the court for the ability to relocate with your children. You must prove that the move is in the child’s interest. Different courts in different states have different considerations when determining the child’s interests. The support of an experienced attorney is helpful when gathering information to prove this.
FAQs
Q: How Can You Get an Ex-Spouse to Agree to Relocation?
A: If you have an amicable relationship with your ex-spouse, you could get them to agree to relocate with your children by talking about the ways it can benefit your children and what it likely will and will not change about the custody arrangement. If the relocation is not far, it is less likely to affect the custody arrangement. However, if your ex-spouse will not agree to relocation, you can petition the court.
Q: Is Relocation Right for My Family?
A: Relocation can be destabilizing for a family, especially when it affects the court orders for custody and support of children. There are several things you should consider to determine if relocation is right for your family, including:
- The educational and community opportunities for your children
- Whether the move will negatively affect the time your co-parent can spend with your children
If you must petition the court for the ability to relocate, you should speak with an attorney.
Q: What Is the Relocation Law in Illinois?
A: The relocation law in Illinois states that parental relocation is a substantial change and, therefore, needs order modification. A parent must either be the primary custodial parent or have a larger or equal share of parenting time. Both parents must consent to relocation. If you are the parent who is moving, you must provide your co-parent with a notice at least 60 days prior to relocation. The other parent can sign to consent or object to the move.
Q: Can You Take a Child Out-of-State Without the Consent of the Other Parent in Kansas?
A: A parent must provide notice to take a child out-of-state in Kansas if they intend to permanently change the child’s primary residence or remove the child from the state for a period of 90 days. Parents do not usually need consent to take a short out-of-state vacation, although some custody arrangements have this requirement. The parent must provide notice 30 days in advance of moving or leaving the state. Failing to do so can result in civil contempt.
Q: Why Would a Judge Deny Relocation in Missouri?
A: A judge may deny relocation in Missouri if it is not in the child’s best interests. The requesting parent has the burden of proof to establish that the move is in good faith, such as not being done to prevent the other parent from seeing their child and that it is in the interests of the child. If you are unsure whether your request for relocation can meet this standard, a relocation and modification attorney can help.
Contact Stange Law Firm for Father’s Rights Attorneys
If you are a parent hoping to move but your co-parent does not agree, or if you are a parent who is objecting to relocation, it is crucial to have legal support during this process. This helps you protect your rights. The attorneys at Stange Law Firm can help. Contact our team today. With our legal team on your side, you can trust that you are getting the quality legal representation you deserve.
