How to challenge a request for out of state relocation of your child

mother and daughterWhen a parent wishes to relocate out of state with a minor child, it can create difficulties with the custody and parenting time of the other parent. In order for a relocation to be approved, a court must determine that the move is in the best interest of the children. If you are the parent challenging the relocation, then you should seek out the assistance of a Child Relocation Attorney in Dekalb County.

What challenges can arise when a parent relocates to a different state?

When a parent relocates to another state, then maintaining an existing custody order can be difficult and sometimes impossible. Distance creates several issues, which can cause issues with the parent-child relationship. Some common issues that can arise include:

  • Decreased parenting time
  • Communication issues
  • Increased expenses for travel
  • Less contact with extended family
  • Travel arrangements
  • Child care
  • Child support issues
  • Difficulties with decision making for the child

Because of the issues that can arise with the relocation of a parent, a court must determine whether the move will serve the best interest of the child.

What factors does a court consider in a relocation case?

When a parent wishes to relocate to another state, they have the burden of proving to the court that the move is in the child’s best interest. In assessing this issue, a court will consider several factors. This may include:

  • The reasons for the move
  • The wishes of the children
  • The need to promote stability and continuity in the child’s life
  • The character of the parents and others involved in the child’s life
  • The interrelationship of the child with each parent and any siblings
  • Whether there are issues of domestic violence
  • The amount of extended family support in the area
  • The economic opportunities of relocation
  • Whether the relocating parent will foster a relationship between the child and other parent
  • Which parent has been the primary caretaking parent
  • The opportunities available to the child in each area
  • Whether the child has any special needs
  • The travel and expenses that may arise with relocation

father and daughter

What should you do if you need to challenge an out of state relocation of your child?

If you are confronted with the other parent seeking to relocate, then you should contact an Atlanta relocation attorney immediately. If there is an existing child custody order, then you can take action to prevent the move. If you do not have a child custody order, then a Dekalb County Child Relocation Attorney can help you begin the process.

A Dekalb County divorce lawyer will help you pursue whatever action is needed to invoke your rights as a parent and maintain your relationship with your children. If relocation is contrary to the child’s best interest, then a Dekalb County GA divorce attorney will provide legal representation and advocate against the move.

Because relocation cases can be complicated, it is important that you seek out legal advice and representation from an experienced Dekalb County family law attorney. An experienced attorney will know what legal action to pursue to preserve your rights and require the relocating parent to prove that the move is in the child’s best interest.

The legal team at the Fuller Law Group has experience with relocation cases and other child custody matters. If your child is facing the possibility of an out of state move, then contact us to learn how we can help.