The courts are going to call that relocation and when they go to look at relocation case, they’re really looking at what’s in the child’s best interest.
A lot of times, our clients will say, well, I want to move home, I can get a better job. I’ll have the support of my family and while that’s part of the equation as to what’s going to be in the child’s best interest, that’s not the entire equation. So if you’re interested in moving to your hometown and if you think that your spouse is going to have an issue with that, you’re going to really need to show to the court what is going to be in the child’s best interest, so what are the schools like, what are the opportunities going to be like for cultural enrichment and if you’re going to be moving out to the country, what are the wonderful things that your child will get to experience there that they wouldn’t get to experience here.
You’re really going to need to paint that picture of what your child’s life will be there and you don’t need to explain to the court how you can make out for the fact that the child will now be absent from their other parents, because that’s one of the factors that the court really does look at in deciding whether or not there’s going to be a relocation allowed, so you’re going to have explain, are we going to have a more extended summer visitation, are we going to have a plan where you’re going to bring the child back to the current locations so that his or her father can visit with him, you’re going to need to be able to paint that picture for the court so that they feel comfortable that the child’s relationship with their parent won’t suffer, so a little bit of a complicated answer, but it’s a complicated issue that a lot of courts do have to resolve for families.