Know what to argue when parental relocation arises

| Apr 24, 2020 | Family Law |

Your children are probably the most important thing in your life. If so, then you’ll probably do anything to protect your relationship with them. This can become challenging in the face of divorce when child custody disputes arise. It can also become problematic for children who are born outside of the confines of marriage. After all, in many of these instances parents end up flinging mud at each other to get what they want. Therefore, you need to be prepared to address these matters.

One common child custody issue is parental relocation. When a custodial parent plans on moving with the child, the noncustodial parent’s relationship with his or her child may be threatened. On the other hand, the move may benefit the child while arrangements are made to accommodate visitation with the noncustodial parent. In other words, each parent may have an argument to make when it comes to whether relocation supports the child’s best interests, which is what the court is going to assess when it is forced to decide the matter.

To make this determination, the court will consider a number of factors. Amongst them are:

  • The child’s relationship with his or her parents
  • How the relocation will impact the child’s physical, emotional, and educational development
  • The ability to maintain the child’s relationship with his or her noncustodial parent
  • The child’s wishes with regard to relocation
  • How the relocation will affect the child’s and custodial parent’s quality of life
  • The reasons for proposing and opposing relocation
  • Any other factors the court deems relevant

With so many factors to consider, this issue is wide open for argument. But when doing so, you need to make sure that your arguments are couched in how your position supports the child’s best interests. It can be difficult to do this, especially given the emotions that can be involved in these matters. Therefore, many Alabama and Mississippi residents turn to experienced family law attorneys for assistance.