Child Custody When Parents Live in Different Cities
If one parent needs to relocate, it is often a difficult situation for the other. However, if both parents have an agreement on custody and visitation, the new location will likely not change those arrangements.
(Looking for local divorce attorney? Contact us today!)
Custody is awarded to a parent based on what the judge believes is in the best interests of the child or children. This is usually a balanced approach that includes all factors related to the children’s needs and safety, such as where they live and whether they are healthy and well-adjusted. The court may also consider the observations of the parents in court, their behavior, and whether they have a good relationship with each other.
Joint legal custody is a common option when parents live in different states, but the agreement must be cordial and communicate regularly to allow both parents to share important decisions about the child’s welfare. This includes schooling, medical care, and other issues that affect the child’s safety and welfare.
Relocating Out of State
A parent relocating out of state will often be required to give notice to the other parent before he or she can move. This gives the other parent time to respond and make a decision about custody. In addition, some states require a noncustodial parent to object to the relocation by filing a motion in court seeking to prevent it.
Many courts will grant a relocation to a parent who can show a positive change in their life. This might include a job transfer, a better education opportunity, or improved housing options. This is particularly common when a person has moved to another state because of work and has a good relationship with the other parent in that state.
When a parent moves out of state, it is very important to have a strong parenting plan and visitation schedule in place before the move. This can be achieved by working closely with the other parent to create a flexible and mutually agreeable plan that works for both parties.
It is also important to be able to explain your reasons for the move to the court and how it will impact the children’s lives. If the change in distance will have a negative effect on the children’s quality of life or their ability to establish a connection with the other parent, the court will most likely deny the relocation.
The Court will listen to the children’s preferences
A child’s preference can be a powerful tool for the court to award custody, especially when they are older. The judge can interview the child and get to know them personally, asking them about their preferences for things like school, friends, activities, and how much they would like to see their parents.
The judge will then give more weight to the child’s opinion, depending on their age and maturity level. The judge can also take other factors into account such as where the children’s siblings live and how they interact with each other.