After parents decide to divorce or separate, one of the biggest battles they'll face is child custody. The two major principles of guardianship are physical and legal custody. A parent who has physical custody of the child has a right to keeping and caring for the child. However, in legal custody, the parents could jointly share in the decision-making of issues concerning the child. One of the factors considered in the custody of a child is relocation.
Child relocation is one of the complex aftermaths of a divorce. If both parents live in the same region and actively participate in their child's life, the custody could work well. In some cases, say where a mother has custody of a child, she may decide to relocate with the child. There are some particular circumstances mother able to relocate child.
One of the significant focuses of children's relocation is the interest of the child. The court could allow a mother to move if she demonstrates that the move will be good for the child's well-being. Evaluation is done on the necessity of the move and the relationship between the child and both parents.
The relocation issue may lead to several court battles. If the mother moves a child to a different state or county without prior knowledge and permission of the court, she may face criminal charges. The father may seek the services of legal professionals to help him win back the custody of their child.
Circumstances Where Relocation Is Allowed
There are several circumstances that a parent can be allowed to move with a child. The court will assess the reasons profoundly and ask for evidence that proves that the relocation is necessary. This also includes the impact of the move on the child.
These are the circumstances under which a mother can be allowed to relocate a child:
New Job Opportunity
If a custodian gets a new job that offers a better salary, the court may allow her to relocate. Because the primary focus in relocation is the child's well-being, a salary increase may indicate a better life for the child. Putting this into consideration, the court may grant her the order to relocate. It's best to consult child custody lawyers to get guidance on what you should do.
Agreement Between Both Parents
If both the custodian and non-custodian parents agree on the relocation, then a mother can move with the child. They'll first lay down rules on how they'll both participate in the custody of the child after they move. This mostly happens when the mother moves to a place not far away from the non-custodial parent.
If a mother gets into a partnership with a new spouse and has to move in together, they can ask the court for permission to relocate the child. This will then be followed by a series of discussions about how best to co-parent between the mum, the new spouse, and the non-custodial parent. If the court decides that the new marriage will be good for the child's development, it'll rule in favor of the relocation.
Accepting to Cover Meet-Up Costs
Relocating may hinder the child's ability and the non-custodial parent to practice their rights of interaction as provided by the court. This is mainly in cases where the mother might want to move to a different state or country. However, the court might still grant the relocation case if the mother agrees to help cover the cost for the child and the other parent to meet as provided by the law.
Moving Closer to Family
In some circumstances, a mother may want to move closer to her extended family. The extended family could help cover the costs of the child's upbringing and support the child in other aspects of their growth. If the court proves that this move will be beneficial to the child, it'll grant the mother her wish to relocate elsewhere.
Higher Cost of Living
Another case that may make a court grant a mother a relocation pass is the high cost of living in their current residence. The mother might want to move to a less costly part to cater to the child. If she can prove that the cost of living is becoming unbearable for her and she needs to relocate to make ends meet, the court may allow her.
If a mother finds better education opportunities for either herself or her children, like sponsorship or better schools, she may ask the court to grant her relocation. Educational opportunities may prove beneficial to a child's future, and in this case, a court is obliged to allow the child to move to a new place.
When choosing to relocate, it's essential to get familiar with the relocation laws of your country. Sometimes even in the same state, each relocation case will be handled differently based on each child's interest.
Before starting the case, you should first talk to your spouse and child about it. You could then talk to your custody lawyers to help you with the whole proceedings. The most important thing considered is the well-being of your child. The relocation should be for their good.