Relocating The Children

Relocating The Children
Custody orders are issued by both the Supreme Court and the Family Court. When one parent has custody of the children and he or she seeks to move, an agreement concerning the relocation must be worked out or a relocation proceeding must be brought in either the Family Court or Supreme Court. Relocation of the residential custodial parent of the child or children has a significant impact on the non-residential custodial parent’s relationship with the children. The courts usually hold a hearing to determine whether the relocation of the residential custodial parent is in the children’s best interest.

Issues Courts Look Into At Relocation Hearings

One of the first things the court looks into is how far the residential custodial parent is moving. The further away the move is, the greater the impact it will have on the non-custodial parents visitation. The courts generally ask the parents to see if they can work out an amicable solution of the visitation issues before the hearing takes place.

Why Relocate?

There has to be a very important reason for the residential custodial parent to be relocating with the children. Just because he or she wants to move is not a sufficient basis for relocating. The courts have an obligation to see to it that both parents have reasonable access to the children. A move without an important reason for the relocation will usually be rejected by the courts.

Will The Child’s Life Be Enhanced By The Move?

The relocating parent must show the court it is in the best interest of the children for the court to approve the relocation. This can be done by showing the children’s lives will be enhanced due to a better quality school district, being in a more appropriate environment, more educational and social opportunities and other items that would have an affirmative impact on the lives of the children.

Will The Non-Custodial Parents Relationship With The Child Or Children Be Destroyed?

Every child has two parents. The Court will look into whether the move will be of such a major impact as to eliminate the possibility of the non-residential custodial parent maintaining adequate communication, contact and visitation with the children. In these cases, the parent seeking to relocate would have to show extraordinary circumstances to convince the court this relocation would be appropriate.