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Will you lose custody of the children upon relocation?

On Behalf of | Jun 6, 2022 | Divorce

You may have found a new job prospect or other opportunities out of town and are thinking of relocating. However, you have shared custody of the children with your ex. In such an instance, will you have to give up physical custody of the children to your co-parent since you are moving?

Well, not necessarily. You will not automatically lose custody simply because you are relocating. Here is what you need to know.

It is possible to relocate with the children

If the other parent has visitation rights, you must notify them of your intended relocation and any related information at least 60 days beforehand. Should the other parent agree with your relocation, everything should be well and good. You can go ahead and relocate with the children after getting the decision approved by the court.

However, if they object to the move, the court will have to hear and determine the matter. For a judge to approve your relocation with the children, it has to be necessary and in good faith. Usually, the children’s best interests always take center stage.

When deciding this, various factors will come into play. They include:

  • The age of the children
  • The children’s preferences
  • Special needs of the children
  • How the move will affect the other parent’s visitation rights
  • Your co-parent’s reason for opposing the relocation, among others

If the court determines that the move will not negatively affect the children, it is likely to grant your wishes without modifying the current parenting plan.

Arguing your case

In a relocation child custody case, everything boils down to the evidence provided in support of or against the move. Therefore, it is necessary to prepare yourself with the appropriate legal information and learn more about your rights to ensure a positive conclusion to your case.