Obtaining Court Approval For A Move With Children After Divorce

Posted on By samanvya

After a divorce, when every parent wants to move in with their children, it will be a very difficult and emotional process. Moving with children after divorce generally requires court approval in any situation. Karp & Iancu, S.C. will provide a complete guide to obtaining court approval for moving with the children after getting divorced.

What Is The Legal Standard For This?

If a divorced parent wants to move with their children, they need court approval. The legal standard for such requests varies from state to state but generally relates to the best interests of the child. Courts consider such factors as the reason for the move, the impact on the child’s relationship with the other parent, the child’s wishes (if of appropriate age and maturity), and the potential benefits of a move on the migration process.

How To Start The Process?

The process of obtaining court approval to move with children usually begins with a petition or motion to the Family Court. This document basically includes the proposed transfer, the reasons for the transfer, and the best interests of the child.

It is important to provide details and supporting evidence to bolster and strengthen your case. This new space could include job opportunities, housing provision, and access to education. The relocating parent must be notified of the proposed move and allowed to take action. This usually allows them to send them a copy of the petition and express their objections or concerns. 

What does the Court consider before Judgment?

  • Reasons for considering relocating: Parents who want to relocate should be given legitimate reasons, such as job opportunities or better living conditions.
  • Relationships between the child and each parent: Courts examine the impact of the move on the child’s relationship with the parents and all other important people in their lives.
  • Wishes of the child: The court may consider the wishes of the child in the proposed relocation based on their age and maturity.
  • Impact on the child’s education and social life: Courts examine how the move will affect the child’s schooling, extracurricular activities, and community relationships.

How should you appeal?

When seeking court approval to move with children, it is important to provide a compelling case as to why the move is in the child’s best interests, as the child’s safety and well-being are paramount to the law. This could include job offers, housing arrangements, and gathering evidence from experts such as child psychologists or teachers. Additionally, talking about a plan to maintain a relationship with the child’s non-custodial parent, such as visitation arrangements or virtual communication, can strengthen your argument.