Relocation Issues in Child Custody
The issues surrounding the relocation of custodial parents require significant attention in today's mobile society. Almost two-fifths of divorced women move in the first year after divorce. This rate is nearly seven times the rate of married women, and it is important to remember the majority of these relocation decisions are motivated by necessity rather than choice.
In the past, the decision to relocate almost automatically placed the custody of the children at risk. Non-custodial parents, moving for a modification of custody, often argued successfully that a move would significantly and detrimentally affect the best interests of the child by depriving the child of the benefits of two accessible parents.
Unless the former spouse consented to the relocation, the burdens of litigation and delay imposed on the custodial spouse seeking to relocate sometimes seemed greater than the difficulty imposed to relocate a criminal subject to probation or parole supervision. Currently, however, the trend is to allow relocation as long as it is not motivated by the desire to deprive the non-custodial parent of parental contact.
Nevertheless, it remains critical for both the custodial and non-custodial parents to understand the factors that the courts will consider when entertaining a modification of custody based on plans to relocate. In a recent case, the California Supreme Court held that a custodial parent had a presumptive right to change a child's residence as part of "the ordinary needs for both parents after a marital dissolution to secure or retain employment, pursue education or career opportunities, or reside in the same location as a new spouse or other family or friends."
Even the courts recognize that it is unrealistic to daily micromanage a family. Given the importance of the stability of custodial relationships and visitation, persons resolving a divorce should try to anticipate possible relocation.
The language in your divorce agreement should address this very important issue, even if a relocation is not immediately on the horizon for either parent. Indiana requires notice to the custodial parent and court if you intend to relocate. You should consult an attorney before relocating.
If you or your spouse are considering relocating with the children, you should consult an experienced family law attorney. Contact the attorneys at Waters, Tyler, Scott, Hofmann & Doane -- (812) 949-1114. Weekend and evening appointments available; major credit cards accepted.
