Child custody decisions are not made in a vacuum. After the ink dries and the case ends, both parents and the child will move on with their lives. At some point, the custodial parent may decide that he or she wishes to relocate, either within Kansas or Missouri or to another part of the country. The non-custodial parent may agree to this under certain conditions. On the other hand, the parent may object and force the matter back to court.
Whether you are the parent who is wishing to relocate or the one who is objecting to it, the future of your relationship with your child is hanging in the balance. You need a seasoned family law firm that understands the rules surrounding relocation disputes and is ready to work for the most advantageous results in your matter. In the Kansas City Metro area, that firm is Joseph, Hollander & Craft.
Why Parents Wish to Relocate
Life doesn’t stand still, either for parents or for their children. Courts are aware of this, and they recognize that a custodial parent may at some point wish to move to another part of the state or the country. Some of the most common reasons why parents want to move include:
- Better employment opportunities: Career advancement sometimes requires moving to another place. This is especially true if the custodial parent is living in an economically depressed area with few job opportunities. Moving to another location may benefit not only the custodial parent but the child who is in their care.
- The child’s educational opportunities: The same is true if relocation is necessary to advance the child’s education. Parents considering a move will want to carefully review the new location’s school system and whether it will be a good fit for the child. There are also relocation cases involving special needs children and promises of better educational opportunities in a new area.
- The need for stronger family support: Some relocations are necessary because either the parent or the child needs to be closer to other members of their family. The child’s parent may have an aging or sick parent, for example, and wish to move home to provide caregiving. On the other hand, the child may benefit from having contact with extended family.
How Relocation Disputes Arise
In the ideal situation, a parent who wishes to relocate will provide timely notice to the other parent, along with required details such as the specific reasons for the move. The other parent will agree to the move, provided that adjustments are made to the parenting and custody schedule. The parents reach a deal and then submit the proposed changes to the judge. Finally, the judge will review the agreement, determine that it is valid and in the child’s best interests, and formally approve it.
But relocation does not always go this smoothly. The custodial parent should never assume that the non-custodial parent will agree to the relocation, no matter how beneficial it may be to the child. The non-custodial parent could object for one of several reasons, including:
- The relocating parent’s motive: If there is evidence that the parent who wants relocation is only trying to spite the other parent or deprive them of time with the child, a judge will swiftly reject the proposed move.
- Harm to the parent-child relationship: Similarly, the non-custodial parent may not approve the relocation if they believe it will harm their relationship with their child. While a move somewhere else within Kansas or Missouri may not impose a burden on the non-custodial parent, relocation to another part of the country (or the world) may make it difficult for the parent to be in the child’s life.
- Harm to the child in the new location: The move to a new place may harm the child. For instance, the new area may not be safe or may have bad schools compared to where the child is currently living. In a case like this, any benefits that the custodial parent may gain from relocating may be insufficient to convince the judge to allow it.
- Inability to agree to a new schedule: The non-custodial parent may agree conceptually with the custodial parent’s proposed relocation. However, this does not mean the parents will come to agreement on what a revised parenting and custody schedule should look like. If they cannot agree on these specifics, then a judge might have to weigh in.
- Failure to follow the rules: In both Kansas and Missouri, a parent wishing to relocate must provide ample notice to the other parent (at least 30 days and 60 days, respectively), along with pertinent details such as the address of the new location. A parent who does not follow these important notice requirements is inviting an objection.
Challenging the Relocation
If you receive notice from the custodial parent of a proposed move, and you do not agree to it, you should consult immediately with an experienced KC Metro family law attorney. Your attorney will review the details of the proposed move and then advise on how to object to it. This will include filing a formal objection with the court.
You may be able to negotiate an agreement with the custodial parent that allows them to relocate, provided there are acceptable modifications to the existing custody plan. Your attorney will explain what terms you should include in a child custody modification and then advocate for your parental rights in mediation or other negotiations.
Ultimately, if you either oppose the relocation outright or object to the proposed changes to custody and parenting time, then you may need to ask the judge for a hearing. Regardless, you should not wait to take action after receiving notice of a proposed move. A delayed response could weaken your objection to the relocation.
How the Court Will Evaluate the Relocation Dispute
A judge who is tasked with evaluating a proposed relocation will look at various factors like the ones mentioned above. More specifically, the court will consider:
- The impact on the non-custodial parent’s involvement with the child: Is there a realistic way for the non-custodial parent to remain in the child’s life after the move, or will the relocation make this impossible? A court may be willing to allow creative solutions to modify custody as long as they place no undue burden on the non-custodial parent.
- The sufficiency of the reason for the relocation: For instance, is there a true need to move somewhere else so the parent has better job opportunities, or are better opportunities available where the parent is currently located?
- The relocating parent’s motive: Remember, any evidence that a parent is trying to move simply to interfere with the other parent’s relationship with the child will be frowned upon.
- The child’s likely educational (and other) opportunities: Even if a better school system is not the basis for moving, a judge will want to know what academic and other opportunities will be available to the child in the new area.
- The impact on the child’s family and community ties: The move could take the child away from valuable support networks provided by extended family, friends, and through social and community organizations. A judge will weigh these impacts against the ability of the child to develop new family and community ties elsewhere.
- The disruption to the child’s life: A parent wishing to relocate should try to do so with as little disruption as possible to the child’s life. Some instability is inherent to any relocation, but it must not be detrimental to the child.
- The child’s best interests: All parental relocation cases are ultimately concerned with the best interests of the child. This extends to any proposed modifications to custody and parenting time in light of the move.
What If a Parent Relocates Without Permission?
A parent who chooses to relocate without prior approval from the other parent or the court is inviting contempt, attorney’s fees, and possible modifications to custody that will negatively affect their parental interests. Moving without permission signals to the court that a parent is unwilling to obey court orders, and this will have significant repercussions for all custody matters moving forward. Even if the other parent says they approve the relocation, make it official by filing the necessary paperwork. An attorney can assist you.
How Joseph, Hollander & Craft Can Assist With Your Relocation Dispute
Regardless of which side of a relocation battle you find yourself on, having an attorney is indispensable to protecting your parental rights and your relationship with your child. When you hire our firm to represent you, we will immediately get to work by:
- Understanding the reasons for the move: Whether we represent the custodial parent who wants to move or the one who objects to it, it’s vital to learn all the details about the proposed relocation.
- Providing notice of the move: If you are the parent who wants to move, we will provide written notice to the non-custodial parent in accordance with Kansas or Missouri requirements. If you are the non-custodial parent we will review the notice that the other parent gave you (if any) and determine if it is legally sufficient.
- Gauging the impact on the child: Part of what we will explore is the impact of the relocation on your child’s best interests. We will prepare to argue that the move will either harm or benefit your child.
- Collecting evidence: You will need strong evidence either supporting the move or opposing it. We will investigate the relocation and then gather documents and witnesses who can provide support to your position in the case.
- Representing you in mediation: Many relocation disputes can be effectively resolved in mediation, provided the parents are willing to fairly negotiate revised custody terms. To the extent possible we will seek an out-of-court resolution that can save you time, money, and headaches.
- Going to court if necessary: However, in the event your dispute does not settle, we will prepare to argue your case to the judge. This includes not only defending or opposing the relocation but arguing for or against changes to the prior custody order.
Trusted Advocates for KC Metro Parents
Relocation matters will affect you and your parental rights for years to come, whether you are the parent who is for or against the move. With the right law firm by your side, you can present a compelling argument for the outcome that is best for your family. Get in touch with Joseph, Hollander & Craft to start working on your relocation case today.
