Relocation cases are some of the most difficult cases that judges have to decide in a child custody case. The burden of proof is on the person seeking to have the children relocate with them. That means that they have to prove to the judge that relocating the child is in the child’s best interest. This requires you to put on evidence and testimony to prove to the judge why the child should move away from their established home to be with you in another locale.
In your relocation hearing , If a parent wants to relocate then the judge is going to want to know whether there is still going to be the opportunity for the parent who’s left behind to have a substantial and continuing relationship with the children, especially if the parent who is being left behind has had a lot of involvement and bonding relationship with the kids. The fact is, if you are moving your child out of state, the child will be thousands if not more miles away then that relationship, once the child moves, will never be the same. That parent will no longer have the ongoing or weekly visitation that they had before. The parent for example won’t be able to attend parent/teacher conferences, be involved in their child’s extra-curricular activities. It is really going to affect the level of that parent’s participation in their child’s lives.
If you are the parent wanting to relocate it is not impossible, but it is very challenging. Get your evidence ready and your ducks in a row and be ready to present it. This requires the presentation of a well strategized case and evidence. The same holds true if you are a parent opposing a relocation. Regardless of which side you are on you need to speak to a relocation expert. This means an attorney who has years of experience in complex custody issues.