Child custody relocation can be one of the toughest tasks for a divorce attorney. Here is an overview of some of the law and an example of how it has been applied.
If you are a parent under a child custody order and wish to relocate,
it can be important to have a divorce attorney represent you. Attempting to relocate simply to deprive the other parent of visitation is strictly prohibited. A parent in bad faith should not be allowed to relocate with the child. So when you are attempting to relocate, make sure you have a good faith reason to do so.
Relocation can be a huge issue when working with a divorce attorney. Often times, a parent under a child custody order must relocate for work related reasons. While courts have upheld a parent’s relocation, the relocation cannot be in bad faith. For instance, a parent cannot relocate to a different state for the purpose of depriving the other parent of his or her custodial or visitation rights.
Here is an example from Louisiana law. San and Kristen met in the military. Shortly thereafter, they married and had a son. They settled in Louisiana. However, Kristen was on the verge of being transferred to Alaska. Some problems arose relating to the stability of their marriage. In an effort to salvage her marriage, she cancelled her transfer and stayed in Louisiana. Nonetheless, San filed to end the marriage. Among other things, Kristen sought sole custody of her child. Additionally, she sought to relocate to California to pursue her career.
The appellate court had to determine whether or not her location was in good faith and in the child’s best interest. The relocating parent’s divorce attorney generally needs to show that this is something that must and/or should happen because it is in the best interests of the child.
After reviewing the evidence and considering the law, the appellate court determined that Kristen’s proposed relocation to California was in good faith. Louisiana’s statutes set out twelve factors that a trial court must consider in reaching its decision regarding a proposed relocation. For the sake of saving time, the twelve factors that a divorce attorney might consider in pursing their case are not reiterated.
Additionally, it is very important to know that while the trial court must consider all of these factors, the court may weigh any factor as it deems fit. So for example, if a relocating parent is a heavy drinker, then a court may be inclined to give more weight to factor 11. Taking everything into account, it is important to know that a parent should never relocate unless he or she is in good faith and it is in the best interest of the child.
Furthermore, the relocating parent and their divorce attorney should consider going through the 12 factors listed above. If the relocating parent has a problem with any particular factor, it is possible that a court may deny that parent’s relocation request. In any situation, it is highly advised to contact an attorney before filing anything in court. The consequences of a mistake could prove costly and permanent.
The above is simply information on the law, not legal advice. Will Beaumont is an attorney in New Orleans, La.
