Common Mistakes Parents Make When Seeking Relocation

Often changes in the parties' respective circumstances affecting finances, the children, relocation, all of which can call for a modification of custody, access, or support depending on the specific facts, circumstances and the nature of the change. 

Relocation

Frequently when custody of the children is before the Court, the issue of a parent's desire to move with the children also arises. The issue before the Court is call relocation and also comes before the Court after custody has been determined and a parent seeks a modification to an existing custody order to permit such a move which then would affect the schedule of parental access and parenting time. 

As with custody, when reviewing a custodial parent's request to relocate, the court's primary focus is on the best interests of the child. The burden is on the custodial parent seeking to relocate with the child(ren) to establish, by a preponderance of the evidence, that the proposed move would be in the child's best interests after considering its impact on the child, the non-relocating parent and their relationship with the Child.

Common Mistakes Made When Seeking Relocation

• Leaving the state or area without court permission or authority

• Directly influence the child

• Withholding access of the child to the other parent

• Enrolling the child in a new school without authority or court permission

• Engaging in conduct which alienates the child from the other parent

• Disparaging the other parent to the child

• As with all custody cases, each case is fact specific and no two cases are alike.