Whether your divorce is final or you are in the middle of your divorce proceedings, deciding to relocate can have a strong impact on your custodial agreement. Especially if you are the custodial parent, there may be certain hurdles that you will have to overcome. Here are a few things to consider before proceeding with your relocation case.
If you have an amicable relationship with your ex-spouse, then you may seek to come up with a resolution between the two of you, either by yourselves or with your attorneys. In that case, once you have come to an agreement, you will need to complete the proper forms and have them approved by the courts. However, if you cannot reach such a decision together, you may need to prepare yourself to appear in family court.
When you go before the judge, you will need to prove a few things. You must show that the move will have minimal effect on the children’s well-being, and in fact that the move will put them in a situation to have a better quality of life overall. Understand that just showing that the move will put you in a better place to provide for your children may not be a strong defense, especially if the noncustodial parent provides support for them and makes an argument that the children moving away will be more of a detriment to their well-being. In custody proceedings, the main concern is the children and their proper upbringing, so you must have a strong argument that shows how your move will enhance that.
Having a knowledgeable and experienced attorney fighting for you can be very helpful in any custody proceeding. Take your time to research and meet with an attorney who specializes in custody cases. Attorneys will not only have the necessary legal knowledge, but they will also have vast experience that can benefit your case.