Relocating to another home—particularly out of state—can be one of the most contentious disputes that two unmarried parents can have. Whether this relocation is for work purposes or to be closer to family, it is not uncommon for the non-custodial parent to object.
If you are facing the possibility of a relocation conflict, a dedicated family law attorney might be able to help. The outcome of this case could shift the course of your life as well as the lives of your children. A Troy relocation lawyer could give you the best chance at a fair outcome.
Parents rarely relocate on a whim. Usually, there is a compelling reason for a parent to attempt to relocate themselves as well as their minor children. The reason for the relocation is important, as it could guide the court when determining the relocation request. Some common reasons for relocation include:
The vital factor is whether or not the move was made in good faith. If the purpose of the move is to spite the other parent, the court will not allow a bad faith relocation. A relocation attorney in Troy could help make a case for or against relocation, depending on the circumstances.
Even if the custodial parent has a good reason for wishing to relocate, there are different factors that the court must consider. After all, most custody orders prevent a parent from relocating with a child. That means the court must agree to a change in the order. Unless the non-custodial parent does not object to the move, a hearing will be necessary.
One primary issue that the court will look at is the reason the custodial parent has for requesting relocation. The court will also consider the other parent’s reasons for objecting to the relocation. The most important factor here is whether or not the request to relocate is in good faith. If the court finds the parent seeking relocation has done so in good faith, the court will look to other important factors.
Next, the court will evaluate the relationship that the child has with both parents. This includes taking a careful look at how relocation could impact the non-custodial parent’s relationship with the child. If the child has siblings, the court will also weigh whether relocation would split them up. It is up to the court to determine if the change in the relationship will be harmful to the child.
In general, the court must also consider how relocation could improve the child’s life. If the relocating parent is likely to make more money, that could be a factor in favor of relocation. Proximity to family is also another consideration.
The court will also focus on the ability of the parent to maintain their relationship with the child from a distance. While these issues are contentious, the work of a Troy relocation attorney could be invaluable throughout the process.
Whether you plan to relocate with your child or object to the other parent attempting to do the same, you could benefit from the counsel of an attorney. There is a lot at stake in relocation chases and handling them on your own could be a costly error. Let a Troy relocation lawyer from our firm fight for your parental rights. Call us today to get started.
Colwell Law
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(518) 462-4242
200 Great Oaks Blvd