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Factors the court reviews regarding child custody and relocation

On Behalf of | Apr 7, 2021 | Child Custody And Support |

Perhaps you receive a long-awaited promotion at work, but the new position means that you and your eight-year-old son will have to relocate.

The move requires modification to the child custody agreement that has been in place since you and your former spouse divorced. How will the court react?

The view of the court

Following a divorce, the court will be reluctant to change a child custody agreement that is working well for both parents and children. The first consideration is always the best interests of the child. However, relocation required for employment purposes is a reasonable circumstance and you can expect the court to review your petition.

Points of interest

The court will ask about your motivation for moving, so be ready with a letter from your employer confirming your promotion and the need for relocation. The court will also want to determine how disruptive the move for your son will be with respect to schooling, extracurricular activities, friendships and neighborhood activities. Prepare to answer questions like these and provide any backup available to help make your points.

In your favor

There are various reasons for the court to approve your request for child custody modification. To begin with, there is always a push to avoid future litigation. In addition, the court will lean toward approving a change to the existing agreement if you can show that your son will continue to enjoy a stable, loving environment after you move. Moreover, if you and the other parent have been able to work out a new visitation schedule that allows for close to equal parental time despite the distance between homes, you will likely earn an approving nod from the court.


Contact Dorothea G. Aguero, Attorney at Law, P.C.