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Legal Issues and Difficulties of Relocation in Divorce

Posted by Crissy Del Percio | Dec 16, 2019 | 0 Comments

legal issues of relocation in divorce

Relocating is an integral aspect of divorce proceedings and must be carefully managed to minimize its negative consequences. Relocating for career, family, or new start purposes may raise several legal hurdles that can have an enormous impact on proceedings, whether the person initiating relocation themselves or their former partner has decided they want to relocate. 

Relocating is often considered to be one of the top legal considerations when making custody agreements since any proposed move could damage children's best interests. When faced with relocation disputes by parents, courts carefully analyze reasons for moving as well as its effect on relationships between children and noncustodial fathers and overall effects on the well-being of the child.

Joint custody couples generally make decisions regarding their child's health, education, and welfare jointly. Distance issues between parents may make this task more challenging but legal considerations offer alternative communication tools such as virtual meetings and shared digital platforms which ensure both parties actively take part in major decision-making affecting the child.

Relocating requires reviewing child support agreements, and financial structures must be adjusted to account for changes to living costs, school fees, and extracurriculars. Legal perspectives emphasize the significance of being transparent about this decision and thoroughly analyzing its financial consequences to create agreements that are fair and equitable in light of new circumstances.

Legal definitions of relocation orders and move-away orders vary significantly by jurisdiction. In some places, parents seeking to relocate must obtain court approval. Others put the responsibility on those without custody to challenge it. Navigating these jurisdiction-specific legalities requires extensive knowledge of local family law statutes and precedents.

Legal considerations regarding relocation depend on its location. Legal implications can differ significantly if it takes place within a state or a reasonable distance, compared with moving across state borders or internationally. Interstate relocation cases often fall under the Uniform Child Custody Jurisdiction and Enforcement Act which regulates jurisdictional issues in custody disputes that span state borders.

Relocation cases can have a profound emotional effect on a child. Courts recognize the significance of maintaining meaningful relationships between both parents and the child after relocation. As a result, they carefully consider any disruptions due to relocation. Legal professionals can advocate for parenting plans that facilitate continued contact. Extended visitation during school breaks or sharing transportation costs are two effective means of guaranteeing regular visits from both parties involved.

Relocation cases highlight the significance of open and honest communication among divorced parents. Legal professionals recommend collaborative or mediation approaches as ways of settling relocation disputes so both sides can express their concerns freely, negotiate, and reach mutually acceptable solutions. Mediation offers a cost-effective and amicable alternative to long court battles while simultaneously encouraging cooperation and alleviating emotional strain on all parties involved.

Relocating and divorce are complex issues that necessitate both legal and practical considerations, such as an understanding of family law statutes, jurisdiction-specific requirements, and prioritizing the best interests of children. When individuals consider moving after a divorce, legal advice is invaluable for ensuring decisions made comply with the law while protecting the well-being of their children.

If you have questions regarding this topic or regarding divorce in general, or if you want to hire a divorce lawyer, call Drama Free Divorce through this number (816) 615-5555. Call us today and start sharing your concerns to our staff. 

About the Author

Crissy Del Percio

Crissy Del Percio is a graduate of the University of Missouri-Kansas City School of Law. Additionally, she received her undergraduate degrees in Journalism (News and Information) and Communication Studies from the world-renowned home of the Jayhawks – the University of Kansas. She has been practicing law for a decade and spent the first part of her career specializing in helping low-income survivors of domestic violence. Now at Drama-Free Divorce, Crissy enjoys helping people consciously uncouple. She is also a Guardian Ad Litem and domestic mediator. Crissy has won a number of prestigious awards for her work in public service, but you likely recognize her from her acting career, where she is also an award-winner. In her free time, she enjoys spending time with her egregiously overpriced dog, Augustus Rodham and knitting. 

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