Can I Relocate With My Children?
Right now there’s a lot of chaos in the D.C. area, and some people are wondering if they can relocate either to be closer to family, or for a lower cost of living. If you have children in common with someone you are not living with, and want to move with your children – this is tricky.
First, if you do not have a court order, you are both 100% parents of the children and have every right to go with your children wherever either party wants. BUT what that really means is that without an agreement, there can be a lot of confusion and back and forth over what happens. You could move with a child, and the other parent could move them right back.
Second, judges look with a lot of scrutiny on a parent who isn’t looking out for the best interest of their child. That includes someone who isn’t promoting contact between a child and their other parent if that contact is appropriate, meaning there hasn’t been abuse of some sort which would render contact inappropriate. If the move seems like one to purposely hinder contact between a child and an appropriate parent that can be a problem. Part of the code that the court looks at to determine custody and visitation arrangements states:
The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child.
Lastly, if you do have a court order that states custodial and visitation arrangements, a move that would render one unable to meet those conditions would be a violation of a court order, and you could be sanctioned for not following it!
What to do if you want to move:
Talk to the other side! See if you can talk about the root issues of why you want to move, and come to an agreement that both parties might agree to that helps resolve the root issues or finds solutions.
If you aren’t good at talking without a third party see if they will talk with a mediator, coparenting coordinator or coparenting counselor.
If you can’t reach resolution then the next step would be to file for permission with the court, to move, or for primary physical custody. If there is no initial determination, that’s hard, but it’s what you have to do. For this, you need to prove the move is in the best interest – of not just you – but your child.
These issues can be tricky. At Family First Law, we’re here to help you through the process, negotiations with the other side, filings and representation in court. But more than that we can guide you through the process and answer questions and educate you to the law.
