Child Relocation
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Racine Divorce understands how trying a divorce can become. We want to help you make the best choices, the right choices for you and the ones you love.
Through our online and in person services, we are committed to help you obtain the outcomes you want and need in order to move forward with your life plans and goals. Ideally, we would like to help you move through a peaceful and rational divorce process. Although this doesn’t always end up being the case, we will give you our very best so you can work towards a healthy, sustainable future.
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Can I Relocate With My Child After Divorce?
As a separated or divorced parent, you understand how hard it can be to juggle everything mostly on your own. Divorce can get really complicated when you have children. From visitation to custody, each detail makes a big difference to you and your child’s life. Which is why it is important to take into account the other parent if you are considering moving. If the other parent is moving, you also need to know your rights to protect your rights and the time you have with your child.
What You Need to Know About Child Relocations
There are several important things for you to keep in mind when planning a new relocation. You will need to have key documents required by the courts to process requests such as these. It would be best if you had these gathered before you began any other steps in this process. Our team at Racine Divorce can help gather and file these documents, as well as ensure all your bases are covered for your transition to move forward as seamlessly as possible.
There is a Difference Between Moving and Relocating
Sometimes you may not need to contact the courts if you decide to move to a new home. It all depends on how moving and relocating are defined in your jurisdiction. You will need to rely on the definition from the jurisdiction where you currently live. Not the jurisdiction to which you are moving. Sometimes there are differences in the definitions between the two jurisdictions.
When this occurs, we recommend you refer to the specifics defined in the county where your current address is located. Differences mostly have to deal with distances apart, and legalities surround how far away you are moving or relocating. Most counties will define “local” as either 25 miles or 50 miles.
Some counties define moving as any distance under 25 miles. This would allow you to move up to 25 miles away from where you currently live without notifying the courts. This detail will save you a lot of time and money. Anything over that, and you would need to initiate the relocation process, which includes court proceedings. Relocating over 50 miles away means greater travel distances, possible change in job or income, or even effect visitation schedules. These seemingly insignificant details are in fact significant.
Rules of Relocating
There are several essential rules for relocation that you should be aware of before proceeding with your move. Most importantly, the child’s other parent will need to be given written notice of relocation 60 days before the move. This is a written letter that includes several pieces of data that are important for the parent.
In the detailed letter you must include specifics such as the moving date, the new address, and how long you plan to reside at this new address. There could potentially be serious consequences if you try to relocate your child without notifying the other parent first. In some cases, the other parent will contest the movement to try to prevent the relocation from happening.
If the relocation is contested by the other parent, there are legal proceedings you can pursue to move forward. You have the option to file a petition with the court and seek their approval to grant the motion. But in order to do this, you will need to go to court. They will evaluate the move based on several key pieces of information and determine your outcome based on the circumstances.
Written Notice of Relocation
The written notice of relocation is one of the most important documents you will need to file through the court. You will also need to give a copy of it to the parent for their awareness and records. It should include specifics such as when and where you plan on moving. Give it to the other parent at least 60 days before your move-in date to avoid any issues or complications.
If you fail to deliver the written information to them, then you could potentially face severe consequences. The court could ultimately deny your request to move, and you would potentially risk your parental rights over your child. Avoid this mess by consulting our legal team to ensure you are taking each step legally and ethically. We will inform and prepare you to the best of our ability so you can continue your move without complications.
What Factors Affect the Courts Decision on Relocation?
Many single mothers worry whether the courts will look favorably on their situation. When requesting a child’s relocation, courts will consider several factors.
Most of the time, you will not need to worry; the courts are traditionally structured to be fairly favorable to the mothers. They will look at the history and the quality of the relationship that you have with your children. They will also ask you what your move’s intended reasons are and why you would like to bring the children along with you. The other parent will also get a chance to voice their side of the story as well.
The courts will ask them if they have any objections and reasons for those objections if they have them. They will then try to evaluate what the impact of the move would be on the children. Once they deliberate upon this issue, they will conclude and form a judgment that they can give to the court. After the ruling, you will either need to make adjustments and fulfil any responsibilities outlined by court authorities, or if granted permission, proceed with your move.
Should You Contact a Lawyer?
Suppose you are planning on relocating with your children to an area far enough away that falls out of convenience for the other parent. This distanced relocation requires you to provide written notice of the details of your move. It would be best if you considered hiring a lawyer to assist you with the legal proceedings.
Legal proceedings regarding children are taken very seriously, and it is critical you treat them with the same seriousness as the court upholds them. Failure to comply with the necessary court documents and processes could result in negative outcomes that could potentially risk your parental rights.
An easy way to avoid any complications is by hiring a competent lawyer that is experienced and trustworthy. Our legal team can walk you through step-by-step so all of your bases are covered. Depending on the specifics of your situation, they can also offer counsel and advise for how to move forward legally and ethically.