Susan Rossi Cook, Attorney and Mediator

What happens when a parent wants to relocate?

Parental relocation can be a big concern for parents sharing custody of their child. Parents wishing to relocate, as well as parents opposing a relocation request, may have many questions about parental relocation that they need answers to.

Parental relocation of the custodial parent can be a significant stressor for parents and children and can throw a wrench in in an existing child custody arrangement. A noncustodial parent may want to dispute a parental relocation request because of the impact it will have on child custody or visitation agreement. The parent requesting the relocation may believe they have valid reasons for requesting it.

As is true of all child custody concerns, what is in the best interests of the child is what the family law court will use to determine if the parental relocation request should be granted. In some circumstances, a parental relocation may be for a valid reason such as a relocation for a better job, for an educational opportunity or to be nearer to family who can help with child care. Parents can agree to a proposed relocation via express consent or when notice is provided and consent is given. The court may evaluate a parental relocation request based on distance or if there is a good faith basis for the request.

Whenever the family law court is assessing a child custody-related concern, it will make sure to keep what is in the best interests of the child in view. In addition, parental relocation laws and how the family law process will handle a parental relocation request can vary by state which is why parents should be familiar with the child custody laws in their state.

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Susan Rossi Cook, Attorney and Mediator

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Franklin, MA 02038

Phone: 508-507-8742
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