Three Ways Family Lawyers Defend Child Custody Relocation Requests
Posted on: 26 October 2021
Child custody orders issued by a family court judge are binding and should be followed to the letter by co-parents. In addition, the orders usually stipulate issues such as visitation rights for the non-custodial partner. That said, most parents with custodial rights think they can relocate whenever they want. However, nothing could be further from the truth. Custody orders can be amended with sufficient justification. Therefore, if you plan to relocate permanently far away from your co-parent, it is advisable to engage a family lawyer. This article highlights ways a family lawyer can help defend your relocation request.
Obtain Mirror Order
When planning to relocate to a new country with your child because of work or other reasons, it is essential to consider how the new jurisdiction will affect the existing child custody order. It is crucial because the inability to enforce existing custody orders in a new country can encourage co-parents to renege current arrangements. Notably, a judge only approves a relocation application if you can guarantee that the laws in the new jurisdiction do not trash the existing custody arrangements. Therefore, in defending your relocation request, your family lawyer works hard to convince a judge that they can mirror the existing custody order in the new jurisdiction. It means that the rights of the non-custodial parent are not be affected.
Advice on Support Network
Children need a support network for healthy development. It typically consists of family, friends, and educators. Therefore, relocating to another country or state means that you are plucking a child from a support network they have grown in over the years. Unfortunately, it can have dire consequences regarding a kid's social development. However, a family lawyer can convince a judge that the child will have an equally strong support network in the country or state you are relocating to. For instance, if you have relatives and friends from both sides of the family in the destination country, the environment is enough to convince a judge that a child will have a strong support network for healthy development. If not, your family lawyer can explain to a judge how you plan to build an effective support network in the new area so that your child can settle in comfortably.
Visitation Arrangements for Non-Custodial Parent
If there is little you can do about your relocation, do not forget the importance of your child's connection with the non-custodial parent. Unfortunately, most relocating parents think they can do nothing about severing a child's connection with the other parent. Judges must consider a co-parent's visitation rights when hearing relocation requests since it is crucial to a child's development. A professional family lawyer can help you propose new visitation arrangements that your co-parent can work with comfortably.
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