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Legal Differences Between Voluntary and Contested Relocation with Children

In today’s economy it has become increasingly common for people to relocate for stable jobs and other financial support. This can become difficult for divorced people who share custody of their children.

If a divorced couple that shares custody of their children needs to relocate over 50 miles away from the other parent, a relocation request should be filed and approved by the court. There are several reasons a relocation can be approved, possibly because one parent got a new job or to be closer to extended family who can help with support and childcare. The relocation can either be a voluntary agreement or a contested request.

A voluntary agreement for relocation with children

happy mom and daughter

Photo by michaeljung.

If the relocation is agreed upon by both parents, a written agreement might be able to be submitted to the court. A judge should approve of the relocation if there is already a court order in place for the child’s living arrangement. If the relocation isn’t approved by a judge it can force the child and the parent to move back to the prior location and even lead the parent to loss of custody.

A contested request for relocation with children

The parent that is not relocating may object to the other relocating with their children. When this happens a contested request must be filed and the court must decide based on the reason for relocation whether the parent may be permitted to move the children. The court bases their decision on objective evidence and criteria determined by the state’s law.

Finding legal support for relocation

Dealing with filing relocation to the court may take longer than you have time
for. Judicial approval may be expedited and include shorter deadlines that both parities must be aware of. To speak to an attorney about relocating with children, contact the DeVoe Law Firm here.

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