Divorce Attorneys and Child Relocation Scenarios

Relocation is a fact of life for many families, especially after a marriage ends. It is common for one spouse to return to want to return to their home prior to the marriage and wish to take their children along with them. The other spouse may find this selfish, as it deprives them of the ability to visit frequently with their children. This is frequent problem and courts have come up with a variety of responses. Divorce attorneys in your area are probably best to consult with in order to understand the individual preferences of how your local court is likely going to rule on this. Below are three scenarios that your local divorce attorneys may present to you.

Before examining how a court will handle your relocation issue, it is important to be clear on what relocation actually means. Each jurisdiction has its own definition of relocation. It may be that in your jurisdiction a general definition of relocation is defined as either moving out of state or establishing a residence a certain number of miles away from the marital domicile. Regardless of how your relocation is defined in your state, it is likely that the purpose and theory of anti-relocation statutes are to prevent one parent’s movement from hurting both the child and the other parent’s contact with the child.

The first scenario that you could be presented with is that the court will grant you the right to relocate. The court could find that, based in conjunction with its local rules, that, if your spouse relocates, you will not be able to take care of the minor child. The court could also find that the other parent is able to take care of the minor child where that spouse is relocating to. In this case, it is hard to imagine that the court would go against the best interests of the minor child.

The second scenario that your local divorce attorneys might offer to you is that you or your spouse will be allowed to relocate, but that the spouse relocating will only have visitation during the summer and certain holidays. This approach allows for the spouse wishing to relocate the ability to do so while continuing with frequent contact and visitation with their children.

A third approach, however, is for your local court to deny the child’s relocation. While it is probably beyond the court’s authority to deny you the ability to relocate, your jurisdiction may allow a court to prohibit the movement of your child. This can result in some heartbreaking decisions, but it is important to consult with one of the many divorce attorneys in your area before you finalize your future plans.

Almost every state’s laws are at least slightly different, contact a local lawyer if you need legal advice. The above is just for information, not legal advice. Will Beaumont is only allowed to give legal advice on matters pertaining to Louisiana law, and he has an office in both New Orleans and Metairie.