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What is considered in a request to relocate a child?

Detroit families who have gone through a divorce know there are many legal issues surrounding children, child support and child custody. But, what happens when a parent wants to relocate a child? What factors does the court consider when determining whether the parent can move the child?

First, the court always looks at the best interest of the child. The court may look at the relationship the child has with both parents and what support system they have in their current location and what they would have in the new location. The court may look at where the child will be attending school, the community they plan to live in and whether the move will allow the child to continue to have a relationship with the non-custodial parent.

Second, the court will look at the personal plans of the parent who is requesting the move. The court may want to know what kind of employment the parent has lined up. It may also want to know how the parent will support themselves and their child. Any personal reasons for the move, including a new marriage or a pregnancy with the father being located in a different location may also be considered by the court.

Third, if there are any motives such as frustrating the child's contact with the other parent, the court may not allow the move. If the court finds that the move is to frustrate contact with the ex-spouse, this will play into the decision and may even leave the parent with less time and contact with their child.

If a parent believes the move is in the child's best interest, it is important for the parent to plan ahead and know what the court considers when it comes to move requests and the risks involved with these requests. A Detroit family law attorney can help clients with move requests and determine how they can be successful.

Source: Huffington Post, "Divorce Confidential: Your Legal Rights to Relocate Your Child," Caroline Choi, Aug. 20, 2014

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Schwartz Law Firm
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