Building a Winning Case for the Relocation of Minor Children | myLawCLE 

Key Topics:

In this article, we will explore important factors that come into play when it comes to building a case for the relocation of minor children. We will explore topics such as such as remarriage, employment, forgiveness versus permission, education, and interstate parenting plans. Join us as we delve into these key considerations to help you navigate this complex legal process effectively.

The Role of Remarriage and Employment in Relocation Cases:

In relocation cases, where one parent seeks to move with their children to a new location, the court takes into account various factors to determine whether the move is in the best interests of the children. Two important considerations in these cases are the parent’s remarriage and employment opportunities.

Attorneys play a crucial role in highlighting how remarriage and employment will impact the parent’s ability to provide a stable and supportive environment for the children. Remarriage can offer several advantages, such as the potential for an extended support network.

Attorneys can present evidence showing that the new spouse can contribute positively to the children’s well-being, providing emotional support, additional caregiving, and a sense of stability.

Additionally, attorneys should emphasize the employment prospects and career advancement opportunities available to the relocating parent. Attorneys can present evidence such as:

• job offers
• potential promotions
• better employment prospects in the new location

Attorneys can demonstrate that the parent’s financial stability will improve, which can directly benefit the children’s quality of life.

It is important to highlight how the parent’s improved financial situation can lead to enhanced:

• educational opportunities
• access to healthcare
• extracurricular activities
• an overall higher standard of living for the children.

Attorneys must carefully gather and present evidence to support their arguments regarding the positive impact of remarriage and employment on the parent’s ability to provide for the children’s needs.

This may include presenting testimonies from experts, such as psychologists or social workers, who can attest to the stability and positive influence of the new spouse or the parent’s improved employment situation.

Forgiveness vs. Permission: Moving Before Seeking Relocation:

When a parent moves before seeking permission, it can have significant consequences for their case. Attorneys must educate their clients about the potential legal ramifications and the impact it may have on their overall custody and visitation arrangements.

While seeking forgiveness from the court or the other parent is a possibility, it is essential to understand that there may still be negative effects on the outcome of the case.

Attorneys should develop legal strategies that aim to mitigate the negative consequences of moving before seeking relocation approval. It is crucial to present a compelling argument that demonstrates the parents’ good faith intentions and the best interests of the children.

This may involve gathering evidence that supports the parent’s genuine belief that the move was necessary or beneficial for the children’s well-being. Attorneys can also focus on highlighting the importance of maintaining a strong and meaningful parent-child relationship despite the move. This emphasizes the continued involvement of the non-relocating parent and proposes practical solutions for maintaining regular communication and visitation.

The court’s primary concern in relocation cases is the best interests of the children. Attorneys should ensure that their clients fully understand this and work towards presenting a persuasive case that demonstrates the positive impact of the move on the children’s overall well-being.

This may involve presenting evidence of better educational opportunities, improved living conditions, access to necessary support systems, or other relevant factors that enhance the children’s quality of life.

While seeking forgiveness may be an option, it is important to approach the situation with a comprehensive legal strategy. Attorneys should help their clients understand the potential risks and develop a plan to address any concerns raised by the court or the other parent.

By demonstrating good faith, acknowledging the importance of court orders, and focusing on the children’s best interests, attorneys can work towards achieving a favorable outcome despite the parent’s decision to move before seeking permission.

Education and a Child’s Best Interests:

Attorneys play a crucial role in analyzing and presenting information about the educational opportunities available in both the current and proposed locations.

Attorneys need to gather comprehensive information about the educational systems in each location, including:

• the quality of schools
• available academic programs
• extracurricular activities
• specialized services.

This information helps establish a clear picture of the educational advantages and disadvantages associated with each option.

When presenting the case to the court, it is important for attorneys to highlight the potential benefits that the proposed relocation offers in terms of educational opportunities. This may include access to:

• highly ranked schools
• specialized programs
• advanced courses
• extracurricular activities that align with the child’s interests or talents
• supportive learning environments

Attorneys should gather evidence, such as school rankings, testimonials, and expert opinions, to demonstrate the positive impact the move will have on the child’s education and overall development.

Developing a Workable Interstate Parenting Plan:

When parents live in different states, developing a workable interstate parenting plan becomes crucial to ensure the ongoing involvement of both parents in their children’s lives.

An effective interstate parenting plan should cover key elements such as visitation schedules, transportation logistics, communication methods, and decision-making responsibilities. Attorneys need to work closely with their clients to understand their unique circumstances, including the distance between the parents’ residences, work schedules, and the children’s needs and activities. By considering these factors, attorneys can help create a customized plan that is practical, flexible, and in the best interests of the children.

Conclusion:

Relocation cases involving divorce and child custody require careful consideration and strategic planning from attorneys.

Attorneys can build compelling cases for their clients by understanding the key factors involved, such as:

• the impact of remarriage and employment
• the importance of forgiveness versus permission
• the significance of education
• the development of workable interstate parenting plans.

Successfully navigating complex matters in contentious and emotionally charged litigations requires sensitivity, diligence and keen focus on the best interests of the children involved. By prioritizing the well-being of the children, parties can work towards achieving successful outcomes in these challenging situations.

It is crucial to approach these matters with care and empathy, recognizing the profound impact they have on all parties. Through thoughtful consideration and a commitment to resolving conflicts in a fair and equitable manner, the ultimate goal of promoting the welfare of the children can be achieved.

Further Reading

Pros and Cons of Long-Term Marital Separation by Schiller DuCanto & Fleck LLP

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Attorneys should consult with their clients and consider jurisdiction-specific laws and regulations when handling relocation cases in family law matters.

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