One of the benefits of our free society is that adults may decide to live anywhere. But in some circumstances when children are involved, relocating can create significant legal and financial issues. You will want to consider these issues carefully before deciding to relocate with children.
Challenges to relocating may arise when you are separated from your spouse or your child’s parent or have an existing family court order. When challenges arise, you need to consult with a family law attorney before you commit to relocating.
Here are some key issues to consider before you relocate.
Child Custody and Visitation
If you have an existing child custody and visitation schedule, relocating may disrupt your schedule and put you in violation of a court order. If your relocating means that the schedule will need to change, you will need to file a new lawsuit with the family court to modify your existing court order. While the court cannot stop you from moving, the court may stop your relocating your children.
Relocating can cost you. For example, if you have physical custody of your children and you relocate with them, the court may require you to pay for your children to travel to visit with their other parent. A court may also adjust your visitation schedule — rather than visiting on alternating weekends, your children may stay with their other parent for extended periods during holidays and summer break. Changes such as these may create obstacles to relocation.
Acting Early is Critical
If you have committed to relocation, you should act early to modify your court orders. Courts rarely act quickly, and you will need to assist your lawyer in assembling the evidence that’s necessary to support your modification request.
To discuss modifying your court orders in anticipation of relocating, contact Bleecker Family Law to schedule a consultation.