Several decades ago, the idea of relocation was pretty foreign. The primary parent, usually the mother, was generally free to relocate for whatever reason she planned to do so. However, more fathers are concerned with being actively involved in the lives of their children, and because of this, father's rights have become a bigger focus. As a result, in child custody discussions, relocation concerns become a primary point of contention.
Several decades ago, the idea of relocation was pretty foreign. Child custody issues were pretty cut and dry in the past. After the divorce is finalized, parents are assigned roles by the judge: custodial parent (typically the mother) and non-custodial parent (most often the father). The primary parent was generally free to relocate for whatever reason she planned to do so. However, more fathers are concerned with being actively involved in the lives of their children, and because of this, father's rights have become a bigger focus. As a result, in child custody discussions, relocation concerns become a primary point of contention.
In today's modern parenting landscape, many divorced fathers are doing more than their fair share of the responsibilities. For fathers who want to remain active, a mother's decision to relocate becomes a major issue and can cause other problems not only for the ex-spouses but also for the children. There are several reasons why a primary custody parent might be considering relocation:
• a change in employment or desire to work elsewhere
• remarriage to a spouse living in another spouse
• desire to move closer to other family members
• desire to move to a better neighborhood/location for the children
• change in health
If the marriage has been dissolved, then relocation is a post-decree issue. If you are concerned about relocating or your spouse relocating, the first thing you should check your divorce decree and find out if it has stipulations regarding the topic. Specific language and notification procedures must be followed if the decree does indeed contain it. If not, then the parties can submit an order detailing their approval for changes in the parenting schedule. This does not mean that process will be smooth sailing, as ex-spouses will usually have to head back to court to discuss the challenges of relocation if they can't agree on the details.
After a divorce, relocation is one of the most contentious subjects that can come up. A parent who was making the most of his or her visitation time may be surprised to learn that the former spouse is planning to relocate. This can bring about emotional turmoil for the children because the changes in the current visitation schedule could mean changes in the new family structure that they have just adjusted to. As a divorced parent, you should consider some compromises that you can offer in negotiation if you are planning to relocate and you are concerned that your spouse won't agree with it. For example, you can think about a halfway point where you can meet to exchange the children or offer the other parent extended time in the summer. When your relocation isn't seen as such a burden in terms of driving or loss of time with children, it can be easier to get the other parent to agree.
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