When you and your children’s other parent divorced, you had terms in place that spelled out your parenting plan, which included both of you living in the area. Our lives, however, have a way of evolving, and a move may be on the horizon that precludes you from adhering to the parenting plan you have in place. If you or your children’s other parent is preparing to move out of state, it’s time to consult with an experienced Cumming parental relocation attorney.
If you plan on moving with your children, the first order of business is to notify their other parent of your intention. If you and your ex can negotiate terms that you are both willing to sign off on, you can file a modified parenting plan with the court that granted your divorce, which will almost certainly accept your modification. If your ex, however, is not interested in working with you to hammer out a modification, you’ll need to take the matter up with the court.
The Court’s Position
The court will take your request for parental relocation into consideration – within the context of your children’s best interest. One overriding belief held by the court is that children are best served when they maintain a close relationship – and regular visitation – with both parents. If your parental relocation request accommodates this premise, you have a better chance of prevailing.
Factors Considered by the Court
Your desire to move and get a fresh start after divorce is not likely to move the court to grant a parental relocation. If, on the other hand, the move is predicated on providing your children with enhanced opportunities, the court is more likely to take your request more seriously. Factors that will likely interest the court include:
- Your reason for wanting to move (does the move provide your children with better educational opportunities, with an opportunity to spend more time with members of their extended family, or with better health care?)
- Your ex’s reason for objecting to your move
- Whether the move will significantly affect your children’s standard of living
- How the move will affect your children’s relationship with their other parent
- Your employment prospects in both your current and the new location
If the court deems it appropriate, it may also take your children’s preferences into consideration.
Consult with an Experienced Cumming Parental Relocation Attorney Today
There are a variety of reasons why you might need to move after a divorce, and the court understands this fact. Because the court must balance this need with the best interests of your children, however, the process can be complicated. The best mechanism for protecting your parental rights and supporting the goals behind your move is working closely with a dedicated Forsyth County parental relocation attorney like the ones at Banks, Stubbs & McFarland.
Our compassionate legal team understands the importance of your modification request, and we’re committed to skillfully advocating for a favorable resolution. We’re here to help, so please don’t hesitate to contact us online or call us at 770-887-1209 for more information today.