Just because you have physical custody of a child it doesn't mean that you can relocate with them anytime you want; the other parent also has a say in the matter. In fact, you may be forced to go to court to get permission to move if the other parent doesn't concur with your plans. If that happens, the court may only grant your wish if you have a good faith reason for moving. Here are some relocation reasons that may satisfy that standard.
Being Closer To Other Family Members
Moving closer to family members may be a good-faith move, but you may also be required to provide a reason you need to be close the family members. An example of a good reason is if you are moving closer to your grandparent who is sick and has no one else to take care of them, which means you want to provide the care. Another good reason is if the family members are offering to help you care for the child, and the other parent is unable to provide this care.
Taking Up a Better Job in a New City
An offer of a better job in a new location may also be considered an adequate reason for a good faith move. The rationale is that everyone, including the child, will benefit from your better job. Note that you can only succeed with this claim if you have a firm job offer. Moving in order to look for a better job cannot be considered a good faith move.
If you want to move because you are getting married and want to live with your new spouse, then you can also use the marriage as a good faith reason for moving. After all, your marriage may provide the child with a stable home to grow and thrive.
Continuing With Your Education
The government recognizes the value of education, so it cannot stand in your way if you want to relocate and further your education. Again, further education may benefit the child too if it leads you to a better job. However, you may be required to prove that you cannot get a similar education at your current residence.
Chasing Better Standards Of Living
Lastly, you may also use your desire for an improved standard of living a good faith reason to move. This is possible because standards of living vary by place even with the same income level. For example, a $100,000 annual income would go a long way in Minneapolis, MN than the same income in San Francisco, CA. Of course, a better standard of living is better for both you and the child.
Note that proving a good faith reason to move is only half the battle, you also need to prove that the relocation won't interfere with the other parent's visitation rights. A family law attorney can help you with all the above.Share
2 July 2018