When parents are no longer living in the same home, the parties must create a plan that outlines how custody will be divided. A parenting plan provides details about the parenting time schedule, how holidays will be divided, and how decisions will be made for the children. When parents agree on a parenting plan, the court will review the plan to ensure it is in the best interests of the children. Although a plan may already be in place, a parent may decide they want to relocate out of state for various reasons. When that occurs, a relocation must be considered. A Rochester relocation lawyer can explain how a parent may request to relocate out of state when a parenting plan is already in place.
The child custody attorneys at Kohlmeyer Hagen, Law Office, Chtd. focus on finding solutions to specific child custody disputes. Our attorneys help parents create unique plans to meet their child custody needs. We can help answer your questions about relocating with your child.
A child cannot move out of state without a court order allowing the child to relocate or written consent from the non-moving parent. The written consent must outline how the non-moving parent will exercise parenting time. However, if the relocating parent has 100 percent parenting time, the consent of the other parent is not needed. If the non-moving parent does not consent to the relocation, the relocating parent will have to petition the court to request an order that allows the child to relocate. A Rochester lawyer can assist in drafting the necessary documents to allow a parent to request a relocation.
When a parent decides they want to relocate, the parent must prove to the court that the move is in the child’s best interests. If there has been domestic violence by the non-moving parent, then the non-moving parent must prove that it is in the child’s best interests not to move.
When examining the best interests of the child, the court will scrutinize eight factors when considering a relocation, although the court may consider additional information.
The court must consider the child’s relationship with the non-moving parent, non-moving siblings, and other significant people in the child’s life. The involvement and duration of the relationship with the non-moving parent and other family will be taken into consideration.
The court will consider the child’s age and needs and how the move will impact the child and their development.
The court must also consider the feasibility of preserving the relationship between the non-moving parent and the child through appropriate parenting time, depending on where the relocating parent wants to move.
The court will consider the child’s preference depending on the child’s age and maturity.
The court must consider whether there is a pattern of conduct of the relocating parent to attempt to hinder the relationship between the non-moving parent and the child.
Another factor that must be considered is if the move will enhance the quality of life for the relocating parent and the child. This includes financial and emotional benefits, or increased educational opportunities.
An important factor the court will consider is each parent’s reasons for either requesting or opposing the relocation.
The court will take into account the effect on the safety and overall welfare of the child, including whether the relocating parent has been a victim of domestic abuse.
An experienced Rochester lawyer can determine if all relevant factors have been presented in a petition to relocate.
When a parent decides to relocate with a child, it is important to follow the law to ensure that the other parent is notified of the relocation and both sides have an opportunity to state their case to the court. It is important to clearly state why the relocation is or is not in the best interests of the child. A knowledgeable Rochester relocation lawyer can advocate on your behalf to the court.
At Kohlmeyer Hagen, Law Office, Chtd., we understand family law and what must be shown in a relocation case. Our skilled attorneys are experienced and serve as solution-driven advocates for parents. We will protect your rights. Call our dedicated lawyers today to discuss your options.
