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Key Factors in Winning Relocation Rights for Your ChildWhen you decide to file for divorce, we can help you speed up the process and spend less money. But there are certain things you’ll still want to consult an attorney on, particularly when it comes to relocating your children. In a recent article for Huffington Post, contributor Caroline Choi shares some of the general criteria that you’ll need to address if you’re planning on moving your child away from their other biological parent.

Firstly, Be Prepared To Show How It’s In Your Child’s Best Interests.

The court’s main concern is that the child won’t be affected in a negative way by the relocation. Explains Choi: “Best interests can include education such as schools and daycare. The established community available to the children is also important such as a support system of family and friends. Best interests also may include the relationship of the child with each parent and whether the move would continue to foster a relationship and access with the non-custodial parent.”

Secondly, Make Sure You’re Not Doing It To Get Back At Your Ex.

Choi calls this “frustration of contact,” and it’s way more frequent in the court system for filers of divorce papers than it should be. If frustration of contact is your goal, “you may want to think twice before you file a motion for a move-away because it is likely that your motive will become transparent through court proceedings,” Choi states. “Once a court finds that you are moving to frustrate contact with your ex-spouse, it may play into the court’s decision to allow your relocation, not to mention this could also backfire, leaving you with even less time and contact with your child. At all costs, refrain from filing a motion in bad faith.”

Finally, Articulate Personal Plans. 

Personal plans can make for a compelling reason to relocate your child, especially when the move will play in to the need for adhering to best interests. Among the reasons worthy of consideration: type of employment, how it will help support you and your child, relocating due to remarriage, etc.

If you’ve filed divorce forms and are now ready to consider relocation, don’t assume that it’s automatic, even if you are the custodial parent. Review the three factors above, and consider talking to your attorney about that next step.

One thought on “Key Factors In Winning Relocation Rights For Your Children

  1. Jennifer line bonavita

    he’s a complete psychopath and honestly I’m scared of having to serve Him papers but it’s been six years of separation and I need this to be over


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