How The Courts Determine Whether You Can Move With A Child After Your Divorce

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How The Courts Determine Whether You Can Move With A Child After Your Divorce

3 September 2017
 Categories: , Blog

If you want to relocate with your child after a divorce you may be forced to go to court and convince the judge to let you relocate. Here are some of the factors the court will consider in such a situation:

The Strength of the Child's Relationship with Other People

A child needs their parents, but those aren't the only people they need. The relationship between a child and their siblings, friends, and close relatives also help the child develop into a well-rounded adult. Therefore, if you want to move with the child, the court will evaluate how much the move will affect these relationships. For example, expect a difficulty if the child has grandparents in the area and has been spending a lot of time with them and also has friendships they have developed over the years.

The Financial Impact of the Move

Your relocation should not deny the child the finances they need or affect the other parent's finances since neither of them is responsible for the move. Therefore, the court will be interested in the financial impact of your move on both of these parties. Don't expect the court to side with you if your relocation calls for the other parent to spend more money to see their child.

The Quality Of Life the Child Expects When You Move

Expect the well-being of the child to receive a significant weight in the court's deliberations. You will not find it easy to move if the child's quality of life will be downgraded by your move. This may be the case, for example, if you are moving to a city with a high standard of living that you can't maintain with the same income (assuming your income won't change). Such a situation may force you to move to a bad or dangerous neighborhood or stop paying for the child's afterschool activities. On the other hand, you have a good chance of convincing the court to let you go if your move will improve the kid's standard of living.

The Age and Maturity of the Child

The age and maturity of your child are important for two main reasons. First, younger children are more affected by life changes than older kids. Secondly, older or more mature kids may voice their opinion on the issue, and the court will listen. Therefore, your odds of winning the case if you have a mature teenager who wants to go with you.

Some of these (such as the age of the kid) are things you can't control while others you can manipulate. Focus on the things you can manipulate to ensure they portray your move in a positive light if you want to improve your chances of succeeding. Contact a law office like Reagan, Melton, & Delaney LLP for more information and assistance.