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What is Parental Relocation?
One of the issues that divorcing parents must resolve is child custody if they have minor children. Once custody is determined, other issues may arise, such as parental location, which affects the custody arrangement. A South Jordan family attorney explains that parental relocation is when a parent attempts to move with the children away from the other parent.
Sadly, parental relocation without the consent of the other parent or child custody modification can be a cause of conflict in co-parenting after a divorce. If you’re considering relocation or your children’s other parent relocated without informing you, consult skilled lawyers for litigation.
What Factors Influence Parental Relocation for Divorced Parties?
A parent may want to relocate with their children after a divorce for many reasons. Some of these are a search for greener pastures, the need to improve their quality of life, or wanting to move away from their ex-spouse as they heal and rebuild their lives after the divorce. However, parental relocation can lead to many legal issues if done without following the proper legal channels.
Besides, the children will likely experience some adverse effects due to living away from one parent. Depending on the motive for relocation, courts may rule that it is not in the children’s best interests. For example, relocating with the children to distance yourself from your ex can limit the other parent’s contact with the children, which is not child-centered.
You can avoid potential litigation that may later arise by consulting skilled child custody lawyers in South Jordan, Utah. They can evaluate your case and provide legal guidance on how to best handle the relocation.
What Are Parental Relocation Laws in Child Custody?
According to the legal definition, relocation means moving 150 miles or more from the other parent’s home. The law requires the relocating parent to provide a 60-day advance written notice.
The notice should let the other parent know about the intended relocation and state that:
- Both parents will adhere to the parent-time provisions in Code Ann. § 30-3-37(5) or a schedule approved by both parents
- Neither parent will interfere with the parental rights of the other
The notice can be followed by a hearing requested by either parent or the court. The purpose is to review the written relocation notice and determine what the new parenting time will look like and whether it will be in the children’s best interests.
A court can issue a new child custody order, which could entail switching custody to the non-relocating parent if it determines the move will be detrimental to the children. If you fear losing your custody rights but have valid reasons for relocating, consult child custody attorneys in South Jordan to protect your rights.
What Do Courts Consider When Reviewing a Relocation Notice?
During the hearing based on a relocation notice, the court will evaluate several factors to approve or deny the relocation:
Substantial Change of Circumstances
Utah courts require parents to show a substantial change in circumstances to consider modifying a custody request. The circumstances of the children or one or both parents must have changed since the issuing of the original custody order.
Examples of substantial material changes are the children’s safety concerns, new job postings for the custodial parent, or reunification with the parent’s extended family for better care and support of the children. South Jordan child custody attorneys can help you create a strong case based on substantial changes to justify the modification.
Parent-Child Relationship
The quality and stability of the relationship between the children and parents are crucial in determining whether the court will modify a custody order based on parental relocation. Judges will assess each parent’s involvement and commitment to the children’s educational, emotional, and physical well-being and their ability to meet these needs based on the parent’s reliability and consistency.
Co-Parenting
The court will also assess the willingness and capability of each parent to foster a healthy co-parenting relationship with the other parent after the relocation. Their ability to communicate effectively, cooperate, and encourage a strong relationship with the other parent are crucial factors that may significantly affect the outcome of the relocation.
Children’s Adjustment and Continuity
The court will evaluate the children’s ability to adjust to the new living arrangements and their need for continuity. Courts will hardly approve a modification request that disrupts the children’s established routine and stability if the outcome adversely affects their emotional well-being.
Impact on the children’s education, social relationships, and extracurricular activities are crucial in establishing whether the children’s best interests are protected.
If both parents agree to the relocation and resolve their custody arrangements, they can submit a written agreement to the court. In that case, a hearing may not be necessary, but the court will still review the plan to ensure it upholds the children’s best interests.
A Skilled Child Custody Attorney Helping You Resolve Parental Relocation in Child Custody
Parental relocation with the children after a divorce can be complex. The relocating parent must provide a written notice, which the court will assess to ensure it upholds the children’s best interests. Working with skilled family law attorneys in South Jordan can make the case less complex and help you present an agreement that the court will approve while minimizing conflict.
If you need help with your relocation case, the dedicated team at the RCG Law Group can provide legal support. We can evaluate your reasons for relocation to assess if you have substantial changes in circumstances warranting the relocation. We know you want the best for your children after divorce and would make the decision that best protects their interests. We can help you fight for a favorable outcome. Call us at (385) 503-3663 to schedule a consultation.
