Custody and Relocation: Understanding Your Rights and Options in Child Custody Cases

Navigating custody and relocation matters can be complex and emotionally challenging. Whether you're considering moving or concerned about your ex relocating, you’re likely asking one of these two questions:

Can I move with my child?

Can my ex move with our child?

Relocation in custody cases significantly impacts the family dynamic, and courts understand that. While it’s important for individuals to have the freedom to pursue new opportunities, the court also prioritizes the best interests of the child. How the court approaches the issue depends on whether one parent has primary custody or both parents share joint custody.

Primary Custody and Relocation

If one parent has primary custody, the court typically presumes that a relocation is in the best interest of the child. In this scenario, the other parent, who may have visitation rights, bears the burden of proving that the move is not beneficial for the child.

Joint Custody and Relocation

When the parents share joint custody, however, there is no default presumption. The parent wishing to relocate must demonstrate that the move serves the child’s best interests. This is a more stringent standard, as both parents are heavily involved in the child’s life.

Factors the Court Considers

In deciding whether relocation is in the child’s best interest, the court evaluates several factors:

Reason for the move – Is the relocation motivated by legitimate reasons, such as a job opportunity or being closer to family?

Opportunities in the new location – What educational, health, and recreational benefits are available for the child?

Visitation and communication – How will the move affect the remaining parent's ability to maintain a relationship with the child?

Impact on family relationships – How will the move influence the child’s connection with extended family members?

Child’s preference – The court considers the child’s wishes, along with their age, maturity, and reasoning.

What About Custody Labels?

It’s also important to note that the formal label of custody matters less than the actual time spent with the child. For example, if a parent spends 141 or more nights a year with the child, courts often consider that a joint custody arrangement, even if it’s not formally labeled as such.

Take Action

Whether you're seeking to relocate with your child or hoping to prevent your ex from moving, having an experienced attorney by your side can make all the difference. Schedule a consultation today to ensure your rights and your child’s best interests are protected.