As a parent who shares child custody, sometimes a move is necessary to pursue new employment opportunities, be close to your family, or pursue new opportunities for your family. However, if you move more than fifty miles away from your current place of residence, then your ex will need to agree on your move or the court will need to approve the relocation.
If you wish to move more than fifty miles from your current home, then you will need to notify your ex and the court prior to the planned move. Your ex has the ability to approve or object to the move if it limits their ability to complete their time-sharing with the child.
The agreement of child relocation must be in writing for the courts to approve of the move.
What Happens When One Parent Objects
If your ex does not agree with the move, then they must file a written response objecting to the move within twenty days of the notice of relocation. If your ex files the response after twenty days, then the relocation will be approved by the courts unless it goes against the child’s best interests.
If your ex objects to your proposed relocation, call a child custody relocation attorney to help guide you through the process of a court-approved move. You will need to have a court hearing in which the court will determine if you can move with your child.
Court Considerations for Approval
In the hearing about the proposed relocation, the court will take several things under consideration. These include:
- The child’s relationship with both parents, any siblings, or other significant people in their life
- The age and needs of the child and the impact the move will have on the child
- The ability of the non-moving parent to preserve their relationship with the child
- If the child is of mature age, their preference on moving
- If the relocation will provide opportunities for the parent and child to grow or benefit financially or emotionally
- The reason for the relocation
- The reason the non-moving parent opposes the relocation
- The economic status of each parent
- That the relocation is in the child’s best interests
With these factors in mind, the court will then make an informed decision about the relocation of your child. If the court rules in your favor, then you can move with your child. However, if the court rules in your ex’s favor, then you may not be able to move with your child and must make other accommodations.
Coconut Creek Child Custody Lawyers
Moving can already be a stressful experience, but with the help of a trusted child relocation attorney, it doesn’t have to be. Our child relocation attorneys can guide you through the process of filing a petition for relocation and prepare for your hearing with compassion.
Are you considering a move but share child custody? Call our child custody lawyers at The Law Offices of Jonny Kousa, P.L. at (954) 626-8071 or contact us online to schedule a case consultation.