How Can You Fight a Proposed Child Relocation?
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Few things are more stressful after a divorce than hearing your co-parent plans to move away with your child. You likely have immediate fears about losing your connection with your son or daughter, or worries that you will become a “weekend visitor” rather than an active parent. This is a terrifying prospect, but you do not have to accept it without question.
At Reifman Law Offices, we understand that maintaining a close, consistent relationship with your child is your top priority. Arkady Reifman has served families since 2003, providing the compassionate and strategic legal advocacy needed in these and other complex situations. While every family law case is unique, understanding how courts view relocation requests can be a good first step toward protecting your parental rights.
How Do Best-Interest Factors Impact a Relocation Request?
When a judge reviews a request to move a child a significant distance, their primary focus is not the parent’s happiness, but the “best interests of the child.” This legal standard can become the foundation of your defense. The court will examine several specific factors to determine if the move helps or harms the child, including:
- The Child’s Relationship With Each Parent: The court will look at how the move will impact the bond between the child and the non-relocating parent. If you are deeply involved in daily activities, removing the child from that environment is more difficult to justify.
- Educational and Emotional Needs: Judges consider whether the move offers a better quality of life. This includes school quality, proximity to extended family, and the child’s emotional stability.
- Feasibility of Preservation: The court must determine if it is possible to create a visitation schedule that preserves your relationship with the child despite the distance.
If you can demonstrate that the move is not in your child’s best interest, there is a much lower chance of the relocation being approved.
How Can You Challenge the Reasons for a Relocation?
One effective strategy in fighting a relocation is to challenge the motivation behind the move. In many jurisdictions, the parent wishing to move must prove that the relocation is for a “good faith” reason. You can raise significant doubts by highlighting the presence of issues like the following:
- Vindictive Motives: If you can demonstrate that the move is intended to frustrate your visitation rights or alienate you from the child, the court is likely to deny the request.
- Lack of Genuine Opportunity: If the moving parent claims they are moving for a job, but similar employment is available locally, you can argue the move is unnecessary.
- Instability in the New Location: If the proposed new home lacks a support network or is in a less safe environment than the current home, this weighs heavily against relocation.
Can You Present Alternatives to Moving?
Opposing a move often involves presenting a counter-proposal. In addition to challenging the move, you must show the court that keeping the child in their current environment is the superior option. This might involve:
- Seeking Primary Custody: If the other parent is determined to move, you may request that physical custody be transferred to you so the child can remain in their current school and community.
- Proposing a New Schedule: You can suggest a revised parenting plan that maximizes stability for the child while the other parent relocates alone.
A lawyer can help you consider possibilities that make the most sense for your circumstances.
Does Documenting Parental Involvement Have an Impact?
Documentation can be one of your most powerful tools in a relocation dispute. You should gather the following evidence:
- Activity Logs: Keep a calendar of every time you take the child to school, medical appointments, and extracurricular activities.
- Communication Records: Save emails and texts that show your involvement in decision-making regarding the child’s welfare.
- Witness Statements: Gather statements from teachers, coaches, or family members who can attest to the strength of your bond with the child.
Courts are generally hesitant to disrupt a child’s life when the non-relocating parent is highly active in it. Providing concrete evidence that your presence is vital to your child’s daily life increases the likelihood that the move will not be approved.
You Can Act to Protect Your Relationship with Your Child
You do not have to face the uncertainty of a potential move alone. At Reifman Law Offices, we are committed to moving you forward so you can experience relief knowing this legal battle will soon be behind you. We offer affordable, flat-fee services to keep your legal costs predictable while we advocate tenaciously for your family.
If you need assistance in fighting a relocation, we invite you to schedule a free consultation and let us help you put yourself in the best position for success.
At Reifman Law Offices,
we will take the weight of dealing with family legal issues off of your shoulders.
Call Us 847-229-8433
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