Experienced Guidance In Relocation And Custody Matters
Once a child custody order has been established, it is up to both parents to follow the terms of that order. It is a violation of the order for one parent to decide to just move away with the child. Indeed, any child who is a resident of the state cannot be relocated without court approval or the approval of the non-relocating parent.
At Junker Shotto LLC, we have decades of combined experience handling relocation, child custody and other family law matters for our clients. Whether you are seeking the relocation or opposing it, we take the time to explain your rights and all the potential outcomes of the case.
The 10 Factors Considered
As with many things in family law, relocation is not clear-cut. Relocation is any move that will substantially impact the non relocating parents custody. There’s no bright distance or boundary to trigger relocation and it requires consultation with an attorney to know if you’re desired move qualifies as relocation.
When the courts are reviewing a case in order to make a determination on a petition for relocation, the below 10 factors are considered:
1. The relationship between the child and the parent seeking the relocation; the relationship between the child and the parent who is not relocating; and the relationship between the child and any significant family members or other people in the child’s life who would be in the existing location.
2. The child’s age, overall well-being, emotional maturity, general needs (as well as special needs), educational development and how these aspects of the child’s life would be impacted by the relocation.
3. The likelihood of the continued relationship between the child and the nonrelocating parent through changes to custody arrangements, and the reality of the finances and logistics of new custody arrangements.
4. The wishes of the child, based upon the age, emotional development and education of the child.
5. Any situations where the actions of one parent foster or prevent the relationship of the child with the other parent.
6. The benefits of the relocation, financial, general quality of life or otherwise, for the parent requesting the relocation.
7. The benefits of the relocation for the child, including educational opportunities, emotional development or others.
8. The reasons behind the parent’s request for the relocation, or the motivation behind the parent’s opposition to the relocation.
9. Any abuse that has occurred by a parent or someone in that parent’s household, and the risk of harm this poses to the child or abused person.
10. Any additional factors that may affect the best interests of the child.
Get More Information About Relocation
To learn more about how we handle relocation cases and what your rights are, get in touch with our firm today. We are ready to listen to your concerns and tailor a legal solution that fits your needs in relocation matters.
Call 570-283-2775 to schedule your free initial phone or virtual consultation. You can also contact us online to get started. From our office in Kingston, we help families throughout northeastern Pennsylvania.