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Freedom to relocate can meet limits in family law cases

On Behalf of | Nov 10, 2016 | Child Custody

While we would never disclose our political leanings or assume yours, we all know that the recent election has left many Americans disgruntled. Some voters’ disappointment has gone so far as to inspire people’s thoughts about leaving the country. 

Relocation brings to mind an important family law matter. If you are thinking of moving away for any reason, you might have to consider whether you have the right to do so with your children. Does the other parent need to agree to the move?

Different states have different relocation laws in terms of child custody, but there are some general ideas that guide these sensitive family law matters. At the center of any family law decision involving kids is this question: what is in the best interests of the children?

Therefore, relocation laws and any decision a court might make about a parent’s move hinge upon whether the change would harm the well-being of the child or children. Damaging the relationship with a parent can be considered harmful. A move that would, for example, take kids hours away from a non-custodial father who is a healthy, regular part of their life might not be approved. 

There are some strong reasons why a custodial parent might need to move with the kids. Maybe it is a financial need, and the move would significantly boost the family’s financial stability. Maybe the other parent does not provide substantial help and support and moving would mean being closer to family who will help. 

You are your kids’ parent. Maybe you are their primary caregiver. That might make you feel as though you should be able to make the executive decision to move with them. If their other parent is around and has custody and/or visitation rights, the decision is theirs to also contemplate. 

Talk to your trusted family law attorney if the proposition or desire of relocation comes up. Kansas has its own legal specifics that your lawyer will be able to help you navigate.