What Factors Are Considered in Parental Relocation Cases

What Factors Are Considered in Parental Relocation Cases?

Posted on July 15, 2024 in Family Law

There are many reasons why parental relocation may become an issue after parents divorce or separate. When one parent plans to move with their children, the other parent may become concerned about how this will affect the children and their relationship. The parent who is not moving may worry that they will have less time with their children, that they will be less involved in decisions about how their children will be raised, and that longer travel times and additional expenses will be required to transport children between the parents' homes.

When addressing these concerns and determining whether it may be possible to contest a parental relocation, parents will need to understand what issues a family court judge may consider when making decisions about modifications to child custody. By working with a lawyer who has experience representing clients in contested family law cases, parents can determine what steps to take to protect their rights and maintain positive relationships with their children.

Factors Considered by the Court

When a relocation request is contested, a judge needs to review multiple issues during hearings before deciding whether to approve the relocation. A judge will consider the arguments and evidence presented by both parties, the testimony of a guardian ad litem if relevant, and other factors, to determine whether the move is in the best interest of the child. Some of these other factors that may be addressed include:

• The wishes of the parents: The judge will examine the relocating parent's reasons for wanting to move. Legitimate reasons might include better job opportunities or being closer to family support. The other parent's reasons for contesting the move will also be considered. The parent may have valid concerns about how the move will affect the child's well-being and their relationship with the child. However, objections that seem to be based on interpersonal conflict between the parents will likely be given less weight.

• The child's wishes: Depending on the child's age and maturity, the court may consider their preferences regarding the move. If necessary, the child's desires may be communicated through a guardian ad litem or other child representatives.

• Impact on the child's relationship with both parents: The judge may look at how the move will affect the current child custody arrangements and the child's ability to spend quality time with both parents. The court will typically try to avoid disrupting current arrangements if possible and ensure that the child will be able to maintain regular contact with the non-relocating parent.

• Adjustment to home, school, and community: The judge may assess the extent to which the child is integrated into their local community, such as their participation in school and activities and their relationships with friends and neighbors. To maintain consistency, the judge may take steps to avoid disruptions that could affect the child's life and their ability to succeed in their education and other pursuits.

• Cooperation and communication between parents: Ideally, parents will be able to get along and work together to raise their child, communicating with each other regularly and making decisions based on what is in the child's best interests. The judge may look at how well parents have been able to cooperate in the past and whether a relocation will affect this.

• Past actions by parents: If a parent has not spent time with their child as scheduled, this may limit their ability to object to a relocation by the other parent. In general, there is a presumption that the relocating parent's modification request should be approved if the other parent has failed to exercise their parental rights regarding the physical placement of the child. This presumption will also apply in cases where a parent is relocating due to domestic violence or abuse.

When making decisions about parental relocation and modifications to child custody, the court's primary consideration will be the child's well-being and best interests. A judge will most likely attempt to find solutions that will provide for the child's ongoing needs while ensuring that they can maintain positive relationships with both parents, if possible.

Contact Our Milwaukee Child Relocation Lawyers

At Gimbel, Reilly, Guerin & Brown, LLP, we understand the strong emotions that parents and other family members may experience when addressing issues related to child custody. We work to help our clients resolve issues related to parental relocation successfully, ensuring that they can avoid issues that may negatively affect their children while also helping find solutions that will allow for a family's ongoing success. To schedule a free consultation with a Milwaukee, WI parental relocation attorney, contact our office today at 414-271-1440.