Going through a child custody case can be an incredibly difficult undertaking for both parents involved. However, it can have an even greater effect on children. When the primary parent must relocate to another location with the child, a custody case can get more complicated. Apart from navigating the logistical obstacles of the notion, there are also legal implications of the relocation.
A relocation case can result from the need of the primary parent to move to another state, city, or country, anywhere that is very far away from the current location. It can have an adverse impact on the visitation aspect of the non-custodial parent, which means they will get even less time to spend with their child.
Why Relocation Can Be a Troublesome Aspect of a Child Custody Case
Relocation can make a custody case further difficult because it won’t just make it difficult for the non-custodial parent to stay in touch with the child, but the move may not necessarily be in the best interests of the child, which is key here.
The family court will thoroughly evaluate every aspect of the relocation asking the primary parent to provide reasonable and logical reasons. This is because the parent may intend to keep their child away from the other parent in resentment. If this is the case, the judge will not entertain the petition.
The Legal Framework
While the standard of relocation in the purview of the law may differ from state to state, what does not change is that the court will always decide in the best interests of the child. The court is going to analyze several vital factors in the case including the age of the child, the employment schedules of both parents, the quality of life and education where the child currently resides, and the emotional and physical health of the child.
Relocation in Joint Custody
If the court had ordered joint custody for the ex-spouses, and if the primary parent wants to relocate, the parent will have to prove that the relocation is in the best interest of the child. If not, and the parent must relocate, it is possible the court will assign primary custody to the non-custodial parent.
Why Communication is Key in Relocation Cases
When it comes to relocation, the parent who intends to move with the child should be transparent about their intentions and communicate the notion to the other parent. Both parents must sit down and talk to each other about the possible implications and benefits of the move for the child. The discussion should involve talking about how the non-custodial parent is to keep in touch with their child and a full attempt to resolve the problem should be attempted.
Reasons Why a Parent May Want to Relocate with their Child
Child custody cases are problematic with the parents living in the same location, relocation adds another layer of complexity, often also incurring a wide range of negative emotions in both the primary and non-custodial parents. In turn, it can also be very challenging for the child, especially if they’re close to the non-custodial parent.
This is also why child custody specialists have suggested that both parents should stay in relative proximity to one another as it can be beneficial for a child’s upbringing if both parents are actively and passionately involved in providing their child with a better future.
However, there are scenarios where relocation may become a necessity for the primary parent, such as:
- A better employment opportunity
- Intending to get married to someone else
- To be close with their parents, siblings, or other relatives
- The lower standard of living in the area or location they are residing in
- Better educational opportunities for the child
- Better healthcare
The “Best Interest of the Child” Aspect in Custody Cases
While the issue of relocation may be different in other states, the Commonwealth of Virginia will only permit the primary parent to relocate with their child is if the move is going to fully in the best interests of the child – not the parent. And this must be proven. The family court will evaluate and decide after determining if the relocation is better for the child, if not, then the petition will be refused.
Having said, there are a few factors Virginia courts focus on when making a relocation decision in a custody case, such as:
- The impact of the relocation on both parents and the emotional well-being of the child.
- How bad will the relocation be for the non-custodial parent in terms of visitation and spending time with their child.
- The court will demand justifiable and logical reasons why the primary parent wants to relocate.
In addition to all this, the court will also investigate evidence that substantiates the current relationship of the non-custodial parent with the child. For instance, if it is found that the non-custodial parent doesn’t like to spend time with their child, is neglectful of their visitation schedule, and shows no interest whatsoever, the court is going to green-light the relocation in favor of the moving parent.
However, if it is found that the non-custodial parent has an active relationship with their child and has always been involved with the child’s upbringing, the non-custodial parent will have a better chance of blocking the petition through the court.
Reasons Why the Court May Throw Out the Petition for Relocation
- Irregular timing of the relocation, especially if the divorce has not been finalized.
- The relocation would put undue and unnecessary strain on the non-custodial parent.
- The primary parent doesn’t adequately take care of their child’s emotional and practical needs.
- The relocation is being proposed so that the moving parent can further isolate the child from the other parent.
- The moving parent did not consider the court’s order while relocating, committing a felony.
- No substantial or immediate reason to move.
Bottom Line
In all, relocation can be a very difficult thing in a custody case. There are a lot of factors involved that are to be considered by both the parents and the child.