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Can you obtain a relocation order?

| Feb 13, 2017 | Child Custody |

Relocation orders are special permission grants from family court judges. You need a relocation order to move your child a significant distance. They are necessary because usually a move away or relocation means that the child is being moved a substantial distance from their other parent. Obtaining relocation orders is possible but complicated. This post will go over how you might get a relocation order.

Before delving into the litigation aspect, parents can agree to relocate the child. The parents do not need to seek the consent of the court to enforce a relocation agreement, assuming it is freely entered accepted. But, aside from mutual agreement, you need to file an action with the court.

The courts will review the request based on what is in the best interests of the child. For instance, the greater the distance, the more the court will scrutinize the request, even if you remain in the same state. Additionally, the court will look for evidence that the request is made in “good faith.” Good faith means you need to submit proof that you’re moving to be closer to your family, for better schools, a better job, better living situation, or even to continue your education. You need a valid reason for the move.

If you can submit evidence substantiated “good faith” and justifying the distance, you can likely obtain a relocation order, but it probably will be subject to a stricter visitation schedule, sharing of travel costs, and holiday schedule.

Are you seeking a relocation order? As you can see, they are complicated to prove and rarely granted. You probably will need to seek the advice of an attorney. Relocation orders are granted when they are in the best interests of the child. Therefore, it is of paramount importance that you frame your arguments from the position that it is best for your child. It is difficult to overcome because you might remove the child from their other parent but it is possible. A lawyer can help.

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John T. Chamberlin, Attorney at Law
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Phone: 925-271-5650
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