Taking children out of state during a divorce
Child custody relocation is not uncommon in Washington following a divorce or separation; certain rules are there which parents have to keep in their minds before moving the aforesaid act, even if you are facing the tough time according to economic and feel to have no choice, then parents have to be ensured for the move/locate of their kids.
Following bullets points can have help you to clear the concept easily:
- It must be in the parents’ mind that why should there be the specific move
for the child.
- The move should be in the prior interest of children.
- There should be the valid reasons why a move could be in the best
interests of children.
- Relocation may be a practicable option.
- Relocation may be considering if the move/relocation would put you
closer to the extended family members.
- It may consider if it would allow you to seek a better job or all the basic
opportunities and housing opportunities as well.
- Or it can also be consider if the regular visitation would still be possible.
- It should be noted that the best interests of the child standards in
- It should be remembered that the Court’s primary intention is always to support the best interests of child.
- The court will always look into the deep for the care of the child and his life careers too.
- The court, when the custodial parent/primary caretaker and the non-
custodial parent head to court over the relocation-related disputes, it will
always rule in the favor of the lives of the children and not to disrupt their
- The court can have assumption automatically whether the relocation is in
the best interest of child or not.
- Therefore the burden of prove lies upon the parents to satisfy the court
- And the parents who plan to relocate the child will have to prove the court
- And the parent who is not relocating the child will have to prove/satisfy
the court the relocation may cause/effect the child’s life and careers not
ideal as well.
- In the situation both the parents should anticipate having a very hard
burden of prove in the court where the dispute is carried out.
- However, with appropriate planning and preparations, both sides have the
fair chances/opportunities to contest/win in his/her favor.
- Burden of prove is actually an onus/burden/duty/responsibility upon the
person who claims anything in his favor or otherwise.
- The courts expect from the relocating parent to notify the non-relocating
parent about such move in as much time as reasonably possible.
- So that the relocating parent can take the decision to move the child as
soon as possible.
- Court shall not look very favorable in relocating parent until and unless
the co-relocating parent is informed about notification.
- The court will consider some factors whether to allow a parent to relocate
with child or not.
- Age and maturity of the child shell be considered before the court.
Distance between new home and old home shall also be considered.
- The court shall prefer or like to approve the move that will involve the
smaller distance between the new home and old home.
- It shall also consider whether it will improve the quality of life or not.
- For older child, court might ask the child to assess whether child wants to
move/live with custodial parent or non-custodial parent.