Relocating After Separation
Can I move my children after I have separated from the other parent?
There may be plenty of reasons someone may wish to relocate after separation. Maybe you moved to the area to be near the other parent. Perhaps your family has offered to help you with child care, housing or financial assistance if you move closer to them. Often parents were financially affected by the separation and need to seek better work elsewhere. The list of why someone wishes to move is tremendous and most people have good intentions to better themselves when they wish to relocate. Parents are allowed to move wherever they would like. However, parents cannot assume that they automatically have the right to take the children with them or that their visitation schedule will remain the same.
If there are children involved, it may be more difficult for you to move and maintain custody or the same visitation schedule you have now. The parent that is left behind may fight to keep the children with them, or else try to limit your visits so the children cannot spend time with you in your new location.
Do you have a custody order and you are planning to relocate? It may be important to consult with a lawyer.
Best Interests of the Child
If there are no prior orders regarding relocation, a judge will factor the best interests of the child in whether or not to allow a parent to move with their children.
If the move does not negatively impact the child, but would better them and benefit their lives, the parent may be allowed to move and retain primary custody. Are you a parent fighting for the custody of your child while trying to move to better your life? Is the other parent trying to move and take your child hundreds, or even thousands, of miles from where you are? If so, it is important that you contact my firm as soon as possible to discuss what rights you have in these situations.