I believe that this is by far and away the most difficult area of family law.
Many see divorce as the end of a relationship. The reality is, when you have children, your relationship with the other parent endures for the rest of your life. If you share children with someone, their decisions can affect you long after the relationship has ended. Relocation is an issue that illustrates that point.
The law cannot control where a parent lives. The Court can only control where the children live. You can decide to move to California, but unless there is agreement between the parties, it is the Court that will decide if the children go with you. Careful consideration of the facts and the motivation for the move will be considered by the Court to determine what is in your child's best interest.
That is why relocation issues can be very upsetting. While these issues can take place during divorce proceedings, it can also become an issue long after a divorce has been finalized.
You or the other parent may choose to relocate for many reasons: new job, economic circumstance, new spouse, or even a return to their life as it was before the marriage. But because a move almost always means major adjustments by everyone involved, it changes a lot of things. It can mean a modification of custody, parenting time and even child support.
Distance can profoundly affect the parent child relationship. Even distances that seems relatively minor can prove problematic. While a few hours may not seem like much to some, it can take away significant time from your children. It is difficult to get your child to a soccer game on a Saturday morning at 10 am when you live two hours away.
Sometimes a move will enhance your child's life and sometimes it is just the opposite. Perhaps your spouse won't consent to a move on any terms, or your spouse is moving and you have to adjust. Either way, Court intervention may be necessary, sooner rather than later. Failure to act can sometimes be taken to be consent so don't wait to take action.
The outcome will be determined based upon the specifics of a particular circumstance. Every families' needs are different and the Court will consider your individual circumstance before making a decision. I can explain your options and make recommendations that clearly define the new parameters of your situation. I am an experienced negotiator with the ability to craft creative solutions that are acceptable to both parties and keep the children's best interest in the forefront.
This website can only offer general information. Your concerns and questions should be addressed by a personal consultation with me. Contact me TODAY. |
