An Honest And Smart Approach To Family Law

Will the court approve a request for relocation with your child?

Due to a long-awaited promotion at work, you are planning to move to another company office across the state.

You must petition the court since you want your 9-year-old son to relocate with you. Will the court approve your request?

Giving notice

If you and your former spouse share joint parenting and decision-making responsibilities, you must provide the other parent with written notice of your intention to relocate. You must send the notice by certified mail, return receipt requested. It must provide 45 days for the other parent either to petition the court to block the relocation or make arrangements relative to agreeing to the move. Failure to follow these rules could result in penalties affecting your parenting rights.

Determining best interests

Once you file your petition for relocation, the court will consider a number of factors, always with an eye toward the best interests of your son:

  • The effect of the move on your son’s stability
  • How the move will affect his emotional, physical and developmental needs
  • The effect of relocation on your child’s stability
  • The plans for quality time with each parent after the move
  • The prospects for improving quality of life for relocating parent and child
  • Whether the move means to disrupt the relationship between the child and the other parent

Seeking assistance

You will bear the burden of proof showing good cause for the relocation. If there are objections on the part of your former spouse, you must find ways to compromise and show the court how you and the other parent will manage the effects of the move. Do not hesitate to seek legal help to make your petition for relocation with your son worthy of the court’s approval.