Divorce With Respect

How to approach the court about child custody relocation

On Behalf of | Oct 6, 2021 | Child Custody |

Perhaps you have mixed feelings about a promotion at work. It means more responsibility and a better salary, but it also means relocating to another city.

The issue here is that as the custodial parent, you plan to take your 10-year-old son with you. How will the court view your relocation request?

Moving away

If your post-divorce parenting plan has been working well, the possibility of relocation may be especially troublesome. It would not be uncommon for the court to feel that the move would disrupt the stability of your son’s daily life. Your job will be to prove that the move will benefit your son. However, prepare for objections from the other parent.

Planning ahead

Before you approach the court, you will have to perform due diligence concerning the proposed move. The court will want to know the reason for the move, what kind of school your son will attend, what the new neighborhood is like and how easy it will be for him to form friendships, enjoy extracurricular activities and in general to continue the kind of lifestyle he is accustomed to. Your job is to be well prepared with the answers to such questions.

Maintaining best interests

You should also prepare to outline travel plans and how often your son will be able to visit with the other parent. Spending extra holidays and extended summer vacation time are two ideas the court will likely view in a favorable light. Keep in mind that while the prospect of a better job may be a viable reason for relocation in the opinion of the court, you must show that such a move will also be in the best interests of your child.