Child custody cases can be complicated. When a custodial parent relocates with a kid, it might exacerbate the situation. Co-parenting is frequently tough as a result of this. It also requires children to maintain long-distance contact with their other parents. This can have a profound impact on the parent-child connection.
However, relocation is not always avoidable. Moving away is sometimes in the best interests of the child. A
San Antonio child custody attorney can give you more information, so schedule a consultation today.
Why relocate?
Considering your child's other parent going away might be unsettling, especially if they want to relocate with the children. It may sometimes be difficult to determine when moving oneself is an acceptable request.
Child custody rules differ by state, and the type of legal and physical custody you have will affect the extent of judicial participation. When assessing a relocation request from one of the parents, every court will consider the child's best interests. Some situations may be seen as having greater "good faith" than others.
When determining whether a move is reasonable, the court will examine the current engagement of the other parent in addition to the purpose of the parent seeking to relocate. For example, if the other parent violates a parenting time arrangement or is generally absent from their child's life, that parent's objection may be dismissed in court.
The child's best interest
Remember that the court's first goal is to protect the child's best interests. When the custodial parent and the non-custodial parent go to court over relocation-related problems, the courts will frequently rule to avoid disturbing the children's life any more than necessary, as part of the best interests requirements.
That implies that the parent who intends to migrate with the kid must convince the court that the move would benefit the child, while the parent who does not want to relocate must demonstrate why relocation is not ideal.
Best interest criteria vary by state, but in general, you should be able to respond if a transfer improves or preserves the following for your children:
• The health and safety of the kid
• A child's surroundings and routine must be consistent.
• What the kid desires
• Family ties
Considerations of the court
The courts expect a relocating parent to tell a non-relocating parent of a relocation as soon as possible, preferably when the relocating parent decides to relocate. It is unlawful under custodial interference legislation to hide or prevent the other parent from seeing their kid. Never relocate a considerable distance with your child without first authorization from the other parent or judicial authority.