Child custody is a difficult topic for couples to discuss without getting angry, heated or upset with each other. It’s understandable for parents to fight about time spent with their children and where it can happen. One of the most common issues that crops up in families with child custody agreements is that of relocation. Here are some requirements when it comes to relocating with a child.
If express consent is provided in the original child custody agreement, you should have no trouble relocating with your child. This is a clause that explains relocation and what the new visitation would be if relocation were to occur.
If there is no express consent in the child custody agreement, you might have to give notice to the child’s noncustodial parent in order to relocate with the child. The notice will have to be given a set time period prior to the move and then the noncustodial might still be required to give consent to the move. If the noncustodial parent disagrees, or objects, he or she must then file a motion to prevent the relocation.
Distance could also be an issue when trying to relocate with your child who is in a child custody agreement. Relocation might be allowed, but only within a certain distance from his or her noncustodial parent.
You could be required to provide the courts with a good faith burden of proof when applying to relocate with your child. This is done to show that there is a good faith reason for the move, such as the custodial parent receiving a promotion or getting a new job, entering the child in better schools or moving closer to family members. Another reason could be the custodial parent moving to further his or her own education.
As you prepare to fight for relocation in the midst of a child custody agreement, an experienced family law attorney can help you understand the laws and determine what is in your best interest and that of your child in Nashua.
Source: FindLaw, “Child Custody Relocation Laws,” accessed July 06, 2017