The court must consider three factors when determining whether to grant a parent’s request to relocate with a child:
- the potential advantages of the proposed move, including whether it will improve the quality of life for the custodial parent and child
- the moving parent’s motivations
- the validity of the non moving parent’s objections to the move, and
- the availability of realistic, substitute visitation for the non moving parent.
The parent proposing the relocation has the burden of proving why the move will better the lives of that parent and the child and must also show the integrity of their reasons for moving. Once the custodial parent proves these things, the court won’t prevent the move simply because the noncustodial parent’s visitation won’t continue in the same way after the move.
Having an attorney is crucial in a relocation hearing. Contact an experienced attorney to help you if you plan to relocate.