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How Does Relocation Affect Visitation Rights?

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By Lonnie Nelson
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How does relocation affect visitation rights

Relocation is a major factor in many child custody cases. It can cause a great deal of confusion and potentially disrupt the already-challenging situation of a divorcing parent.

Courts must decide relocation requests on a case-by-case basis, always considering the best interests of the child. In deciding, they must consider all of the relevant factors, including how the relocation will affect the relationship between the parents and how well it will preserve a meaningful relationship with the non-relocating parent.

Distance

Distance can be a very difficult factor to navigate, particularly when it comes to visitation rights. For example, if one parent moves far away from the other, it can be challenging to make a standard visitation schedule that works for both parties and the child.

Fortunately, there are ways to work around this issue. For instance, the court might allow longer holiday visits or school vacations for the non-custodial parent.

It’s also important to consider the child’s needs and abilities when determining a visitation schedule for them. The schedule should provide frequent and meaningful contact with both parents.

While this is not an easy solution, it can help to create a positive relationship between parents and their children. It’s important to keep in mind that this is a long-term process and can involve significant time, money, and energy. The goal is to find a solution that best meets the child’s needs and the family’s budget.

Visitation Schedules

A visitation schedule is a court-ordered document that details how the physical custody of your child will be shared throughout a divorce. It may be set by a mediator or a family court, depending on local custody guidelines.

If you want to change a visitation schedule, you have to file a formal request with your family court. The judge will make a decision based on the best interests of your child, weighing a variety of individualized facts.

Sometimes a judge will require supervised visitation, when the health and safety of your child is at risk. This can happen for a variety of reasons, including domestic violence or mental illness.

Custody

Custody and visitation rights are issues that often involve a lot of emotions. However, they must be based on what is best for the child.

The law has generally recognized that children are most benefited by having a relationship with both of their biological parents. This includes physical custody (when the parent spends most of the time with the child) and visitation rights.

Some parents are able to negotiate a fair and reasonable custody agreement without the involvement of the courts. In other cases, a judge may order a specific schedule for visitation.

A court will consider the child’s age and other relevant factors in determining custody and visitation. They will also take into consideration the wishes of the child, if they are age appropriate.

For example, the court may not award a non-custodial parent third-party visitation rights if the judge determines that the child’s best interests would be served by visiting with an unfit parent or grandparent. This is due to the Supreme Court’s decision in Troxel v. Granville.

Relocation Hearing

Whether you’re planning to relocate with your children or have been accused of doing so, it’s important that you have an attorney on your side. Having a lawyer can make all the difference in preserving your visitation rights and ensuring that you continue to maintain your relationship with your child.

When a parent wants to relocate, the court will review several factors to determine if it is in the best interests of the child. These factors include the reasons behind the move, the ability to create a realistic visitation schedule, and how the relocation will affect the relationship between the child and the non-relocating parent.

It is not uncommon for a parent to wish to relocate for a variety of reasons. These can range from a new job to a sick family member, but the judge must always consider the child’s best interest before approving a relocation.

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