Resolve Your Child Relocation Dispute
When you got divorced, you and your former spouse agreed on a child custody order that granted one of you sole custody and reserved visitation time for the other. But now you or your ex is planning to move out of state and take the children along. If you or the children’s other parent objects to this dramatic change to the custody arrangement, you will need help from your family law attorney to assert your parental rights.
At Clark Law PLLC, principal attorney Cindy Clark and the rest of our team have more than 50 years of combined experience in child custody disputes, including child relocation matters. We take a personal approach to child custody cases, and always put you and your children’s well-being first. Our firm represents parents in the Manchester, New Hampshire, area.
How Are Relocation Disagreements Resolved?
Here are two principal factors that a family court judge will consider in a relocation dispute:
Legitimate purpose. The parent proposing the move must prove that it is for a legitimate purpose. There is no official definition of a “legitimate purpose” for relocating a child far away from one of their parents, but judges will generally accept motivations like a job opportunity or the chance to live closer to the child’s grandparents or other relatives.
The child’s best interests. If the judge accepts that the proposed move has a legitimate purpose, the burden falls to the other parent to prove that moving is not in the child’s best interest. There are many factors affecting a child’s best interests, including:
- The quality of the child’s relationships with each parent
- The potential economic, emotional and educational benefits the child would enjoy by relocating, if any
- How often the noncustodial parent would get to see the child
- Any negative impact relocating would have on the child, such as the loss of friends and familial relationships
These considerations are deeply personal. We treat your case with dignity, discretion and courtesy. We will work toward a solution that is best for the children, and also respects your rights and needs as their parent.