Once a divorce or separation agreement is finalized, and a pattern of shared parenting has become established, one of the most difficult circumstances to deal with is if custodial parents wish to change his/her place of residence outside of a radius that The Parties may have agreed upon.
Change of residence is often necessitated by job requirements, remarriage, or a desire to relocate to another city or state. If one parent has to move far away, it creates problems that are more difficult to deal with than if the move is a shorter distance.
As with the initial determination of custody, a relocation issue will be a function of the best interests of the child(ren). A relocation case may often include the appointment of a law guardian, forensics and a hearing.
If the need to relocate occurs after a settlement is executed, the court will look at many factors, including, but not limited to, current contact with the non-relocating parent and that which the child(ren) and non-relocating parent will enjoy after the move, financial or other need by the parent relocating making the request, etc.
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