Yes. If you have joint-custody of a child and one of you decide to relocate, it can impact your custody agreement. The relocating parent might not be allowed to move the child with them. If one parent is in opposition, you will have to settle it out in court. If a parent is seeking to move more than 100 miles away into another state, they must give a notice of the move to the other parent at least 60 days prior to the move. If a disagreement occurs, the parent that is attempting to relocate will have to gain permission from the court and appear before a judge. If the move alters the custody agreement or visitation schedule in anyway, the court will have to decide upon that.
Deciding Factors
The top priority of the court is the child’s well-being. When making a decision on the relocation, the court will take into account what is the best case scenario for child. If the relocating parent is unable to prove it would benefit the child more by moving, the court will not allow the move to happen.
The Judge Will Assess the Following…
- What the child wants. If they are old enough to share their preference, it will be of highest priority.
- The parents’ wishes
- Relationships between the child and both parents, as well as siblings and any other significant person in the child’s life.
- How the child will adjust to the move and a new environment.
- The physical and mental health of all persons involved
- If there is any evidence of domestic violence
- Whether or not both parents have agreed to the move
- How Integrated each parent is in the child’s life
- How far away the child will be from the other parent
- The reason behind relocating
- How involved each parent is in the child’s life
- How difficult it will be for the non-relocating parent to maintain their relationship with their child.
- If their current situation is harmful to the child and their development.
- If relocating will be more damaging than beneficial to the child’s overall well being.
Keeping Parent/Child Relationships Strong
If you and your child’s other parent are disagreeing on what’s best for your child when it comes to relocating, we are here to help. The most important thing is that your child has a strong, healthy relationship with both of their parents.
We can help families on both sides of this issue. We are committed to helping families resolve legal challenges and get back to their lives. We offer the guidance and support that you will need when you are involved with the legal system.
Contact Us (859-371-0730) for a Consultation Today
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About Helmer Somers Law
About Helmer Somers LawHelmer Somers Law helps individuals and businesses navigate the complex system of rules that accompany all legal situations. We are licensed to practice in both Kentucky and Ohio and offers flexible, affordable payment terms for our services. We welcome the opportunity to earn your trust and become your lawyer for life! It’s a fact of life in the modern world. There comes a time for virtually every adult American when the services of a competent, dedicated lawyer are required. Circumstances such as divorce, bankruptcy, estate planning or an income tax audit demand that your rights be protected, and your long-term interests advocated for with diligence and perseverance. When you call Helmer & Somers Law, you can rest assured that they will be.