After divorce proceedings, parents are given custody of children. This can include physical or legal custody. Depending on the arrangement made, parents will have different amounts of power and authority over different aspects of their child’s life. When the court decides on child custody arrangements, they always try to judge with the best interests of the child in mind. The health and safety of the child are of the utmost importance.
If your former spouse has physical custody of the child, that makes them the custodial parent. The child will then reside with them on a regular basis. Based on your arrangement, your child may also have time with you and stay at your home. Each situation is different. If your former spouse is trying to relocate with your child, you should explore your opportunities to take legal action.
You have the ability to bring your former spouse to court in order to prevent them from relocating with your child. When courts become involved in the relocation of a child, they should act in the best interests of the child. The court should try to determine what the best option for the child is based on a variety of reasons. A relocation can have a big impact on a child’s life. If they believe it may be a negative impact, the court may rule that they are not in favor of this option.
Whether a parent has sole custody or not, a court can become involved if you take legal action. The system believes that children should still have an open form of communication with a parent that does not have custody to allow for possible rehabilitation of their relationship in the future. Visitation rights allow for this situation. 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.
Even when some children are too young to speak for themselves, the court tries to give them a voice by acting in their best interest. There are so many things to consider when dealing with a situation this serious. The courts must interpret the relationships the child has with each parent and how it can be affected by a move.
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.