Helping You Discuss Relocation Or Removal Matters
Relocation, formally known as removal, of children to another state can be difficult and complicated. A court will not permit a custodial parent to move away with children unless the parent can present evidence to the court that justifies the move, as required by law.
The orders relating to allocation of significant decision-making responsibilities, custody, parenting time and perhaps even child support may require modification if the relocation goes forward. The burden of proof to argue for the legitimacy of the move-away lies with the custodial parent.
Since 1991, I have been a trial attorney, and I represent parents on both sides of such issues every day. It is difficult for parents to successfully relocate with children. The issue frequently comes up with divorced parents who remarry or who have their jobs moved out of state.
As A Child Relocation/Removal Lawyer, I Can Help
Professional legal guidance and protection through this process are essential for success. It can take a heavy toll on parents and children alike.
The judge will account for many factors in determining if moving with a child to another state is legitimate in your particular case, including:
The reasons for the intended relocation
- Why a parent is objecting
- The history and quality of each parent’s relationship with the child
- The educational opportunities for the child at the current and proposed location
- The presence or absence of extended family at the current and proposed location
- The anticipated impact of the relocation on the child
- Whether the court can fashion a reasonable allocation of parental responsibilities if relocation occurs
- The wishes of the child
- Possible arrangements for the exercise of parental responsibilities
- Minimization of the impairment to a parent-child relationship caused by a parent’s relocation
- Any other relevant factors bearing on the child’s best interests
Federal laws, including the Parental Kidnapping Prevention Act (PKPA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), also exist to prevent illegal relocation actions by parents and others.
Contact The Law Offices Of Dwayne Douglas, P.C.
Contact me today for an free initial consultation. Call my law firm regarding visitation and relocation issues at 847-908-3955. I will protect your rights and ensure the best interests of your children are protected.