It can be heartbreaking for a noncustodial parent to find out that his ex-spouse is planning on moving away with the kids. If the children are located in a different city or state, it can be much harder for the noncustodial parent to be present in their lives. Because of this, many noncustodial parents want to know if anything can be done to prevent their ex from relocating.
A custodial parent cannot simply decide to move the children without informing the court or the noncustodial parent. If a custodial parent wants to move with the children, the law requires the parent to file a notice of intent to relocate with the court. But, filing this notice does not give the custodial parent permission to go forward with the move.
After the notice is filed, the court will send a copy of it to the noncustodial parent. The noncustodial parent has the right to file a motion with the court contesting the move. If this happens, a hearing will be scheduled to determine whether or not the move is in the best interests of the children involved. After all, the court is primarily concerned with doing what is best for the children, not what is convenient for the parents.
Some of the factors that the judge may take into consideration when deciding if relocation is best for the child include:
- How far away the children will be from the noncustodial parent
- Why the custodial parent has decided to move
- The children’s connection to their current community
- The relationship between the children and the noncustodial parent
- How the relationship between the children and the noncustodial parent will be impacted by the move
If the noncustodial parent can prove that the move is not necessary or not in the children’s best interests, the judge may deny the parent’s request to move. For example, proof that the custodial parent is moving in order to destroy the relationship the noncustodial parent has with his children could persuade the judge to deny the request.
But, these requests are often approved. The court understands that custodial parents sometimes need to move in order to accept a lucrative job offer or care for an ailing family member. If a request is approved, the court will also need to update the parenting agreement to ensure the noncustodial parent still has access to the children even though they are moving away.
If your ex is attempting to move away with your children, contact Adams Family Law as soon as possible. Our family law attorneys will fight tirelessly to keep your children close and protect the precious parent-child relationship. To schedule a consultation, call 513-929-9333 or email Steven@adamsfamilylaw.com.