After divorce cases are decided on, child custody arrangements are in place. These arrangements must be followed since they are court-ordered. As the lives of each parent carry on separately after their divorce, they may have new opportunities presented to them that require a change in location. The individual may be presented with a new job opportunity in another place or a family matter that requires them to move locations. With this situation, the parent may wish to have their child relocate with them. However, this can be controversial. The other parent may not want their child to relocate if it is too far away. When these situations occur, parents have the right to fight for their child to stay and not relocate. These cases can be brought to court and be decided on by a judge.
What if I don’t have physical custody?
Although you may not have physical custody of your child, you have the ability to prevent your former spouse from relocating with them to another place. With legal custody, you have the ability to make important decisions in your child’s life. These decisions can be associated with their health, their education, religion and much more. This can apply to the location of your child and where they are intended to live. It is important to fight against relocation even if you do not have physical custody.
How does the court decide?
When these cases are brought to court, the judge understands how sensitive these cases cna be. They do not want to rule in a way that can affect the child negatively. They will try to rule in favor of the child’s best interests. The court system upholds the belief that children should have an open form of communication with each parent to provide a healthy relationship with each one. When a parent wants to take the child to a different area, this may disrupt the visitation rights of the other parent. With this in mind, the court may not allow such a thing to occur. The judge will take into account all aspects that can affect the relationship of the child with each parent. They will also consider how this change can affect the child’s overall well-being to prevent any issues from appearing.
If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.