Want to move across the country with your children after divorce?
Here’s the problem:
Parental relocation is not as simple as packing your bags and walking out the door. In fact, it’s one of the most complex, emotionally charged, and difficult areas of family law to navigate successfully. And it’s on the rise: 17% to 25% of custodial parents relocate within two years of finalizing their divorce.
The potential consequences of relocation are enormous:
Your desire to move will affect your custody agreement, your relationship with your children, and your ex-partner’s parental rights. If you try to handle the complex legal process on your own without proper representation from a family law attorney, you run the risk of:
- Being forced to modify your custody arrangement
- Going through lengthy and expensive court battles that drag on for months
- Hurting your relationships with your children
- Facing serious legal repercussions for an unauthorized move
Pretty scary, right?
Here’s what you’ll learn:
- Legal Requirements for Parental Relocation
- How the Court Makes Relocation Decisions
- Common Challenges During Relocation
- Solutions for Successful Relocation Cases
Legal Requirements for Parental Relocation
Let me be blunt here:
You do not have the right to move whenever and wherever you please when you have children from a prior relationship.
Parental relocation laws are stringent and they differ dramatically from state to state. In some states, you need the court’s permission to move just 50 miles away from your child. In others, moving across state lines is a legal minefield.
The legal system considers relocation a potential threat to your child’s relationship with their other parent. After all, the courts are acutely aware of the fact that nearly 22 million kids currently have a parent living outside their household. They don’t want to make that relationship even more difficult.
Therefore, most states require you to provide written notice to your ex-partner anywhere from 30 to 90 days in advance of your proposed relocation. This is not just a common courtesy between former partners – it is the law.
Failure to follow the proper legal procedure can result in severe consequences such as:
- Loss of custody rights
- Charges of contempt of court
- Forced return to your original location
- Lengthy and costly legal battles
Think about it like this:
The court approved your custody arrangement based on you living in one household and your former partner in another. When you want to change that agreement, you’re basically asking them to change their ruling.
How the Court Makes Relocation Decisions
Curious as to how the courts make relocation decisions?
It all comes down to this:
Judges have only one guiding principle when it comes to any family law case.
What’s in the best interest of the child?
But finding that “best interest” isn’t as easy as it sounds.
Courts weigh a number of factors. And each case is different. Here are some of the most important factors that influence the court’s decision in relocation cases:
- The child’s relationship with each parent. How close is your child with their other parent? Will the move irreparably harm that relationship?
- Your reasons for moving. Are you doing it for a better job? Closer to family? To get back at your ex?
- The feasibility of maintaining the other parent’s relationship with the child. Can the visitation schedule be modified to accommodate travel time? Who pays for flights? Hotels? Extended summer vacations? Is video chat a viable substitute for in-person visits?
- Your child’s wishes. Depending on their age and maturity, courts may take your child’s preference into account.
One last thing before we move on…
20-25% of custody arrangements are modified at some point after the final divorce decree. A big portion of these modifications involve parental relocation.
Courts are not out to make your life miserable. In fact, they’re trying to protect your child’s best interests and preserve important family relationships.
Common Challenges Families Face During Relocation
Parental relocation cases are among the most emotionally devastating legal challenges that families face.
Why?
Because there is no perfect solution that will make everyone happy. The move is going to dramatically change the life of at least one parent and children can often become pawns in the conflict.
Here are the most common challenges families encounter in relocation cases:
The Distance Dilemma
The number of miles matters in relocation cases. Relocating 100 miles away is not the same as moving across the country. Judges consider practical factors like:
- Travel time and costs associated with visitation
- School and holiday schedules
- Emergencies that require both parents
- The child’s ability to maintain friendships and activities
Financial Burden
Parental relocation shifts the financial responsibility of maintaining the parent-child relationship. Who pays for flights? Hotel costs? Extended summer visits? These are just some of the expenses that can add up quickly and cause financial stress.
Emotional Impact
Children experience high levels of stress during relocation disputes. They may feel torn between their parents, scared of losing their relationship with a parent, or guilty for causing the conflict. The emotional effects can linger well after the legal case is settled.
Timeline Pressure
Family courts handle millions of cases each year – 3.8 million family law cases to be exact. Getting a hearing date can take months while job opportunities and family stress pile up.
Now here’s the kicker…
The challenges listed above are not insurmountable. With the right approach and legal strategy, many families successfully navigate parental relocation while maintaining important relationships.
Solutions for Successful Relocation Cases
Desperate to improve your chances of a successful relocation case?
Preparation is key. You need to build a case that demonstrates beyond any reasonable doubt that your relocation is in your child’s best interests.
Build a Solid Foundation
Document everything:
- Your reasons for moving
- Job offers
- Housing arrangements
- Your plans for maintaining your child’s relationship with the other parent
Present the court with workable alternatives:
- Visitations schedules that are modified to fit with the new travel times and arrangements
- Detailed communication plans, etc.
- The more specific you can be in your proposals, the better
Put yourself in your child’s shoes:
- If your child is old enough, their wishes may have an impact on the judge’s decision
- Do not make them feel responsible for choosing sides or damaging the other parent’s relationship with the child.
Address the Other Parent’s Concerns
Successful relocation cases usually involve finding win-win creative solutions that address the needs of everyone involved. For example:
- Extended summer visits for non-custodial parent
- Splitting travel costs down the middle
- Video calling as a means of regular communication
- Making up for missed time with special trips and activities
Work with Experienced Legal Counsel
Nearly 10% of custody cases involve extended legal intervention or required court-mandated mediation.
Don’t leave the well-being of your family to chance.
A seasoned attorney can help you:
- Understand your state’s relocation laws
- Prepare compelling evidence
- Negotiate beneficial agreements outside of court
Moving Forward Together
Parental relocation doesn’t have to mean the end of family relationships. With advanced planning, open communication, and the help of skilled legal professionals, you and your family can make it through this difficult process and protect everyone’s interests.
Remember:
The goal is not to “win” against your ex-partner. It is to forge a solution that will allow your family to succeed in a new environment while preserving the parent-child relationships that are most precious to you.
The Bottom Line
Parental relocation is one of the most complex family law issues. Millions of families are affected by it every year.
The legal requirements are very strict. The potential consequences are enormous. And the emotional stakes are extremely high. If you get it wrong, your family could suffer the consequences for the rest of your child’s life.
But it doesn’t have to be that way.
If you take a proactive approach, get expert legal guidance when you need family law services, and have a sincere commitment to your child’s well-being, there is nothing you can’t overcome.
The courts will always put stability and maintaining strong parent-child relationships first.
Do not try to navigate this difficult process on your own.
Whether you are the parent that is planning the move or the parent who is trying to prevent it from happening, the right legal counsel can be the difference between a positive outcome and a lengthy, emotionally draining legal battle that tears your family apart.
To quickly recap:
- Always provide proper legal notice to the other parent before relocating
- Build a strong case that is in your child’s best interests
- Anticipate the other parent’s concerns and address them proactively
- Work with experienced legal professionals who specialize in relocation cases
- Remember that the goal is not to “win” against your ex, but to find a solution that will allow your family to move forward together and preserve important family relationships.
This is one legal battle that is not worth fighting alone. Preparation and professional legal guidance are not just helpful. In fact, they’re required to protect your family’s future.
