Divorce brings about many changes to those impacted by the event. In certain instances, a separated spouse yearns to relocate. However, should they hold custody of minor children, they must follow specific legal procedures before such action is possible. Kaufman, Nichols & Kaufman, a family law firm in Ogden, Utah invites the State’s residents to read the following brief blog discussing the particulars of this process.
The Court’s Concern
State courts express significant sensitivity when dealing with any child custody related issues. Typically, divorce is especially difficult for the children involved. Even the most minor alterations to divorce decrees could exercise a major influence over said young persons. However, relocation is a major consideration because such action can impact the children in question’s lives in numerous ways, including:
*Increasing the distance between the children and their other parent and other close relations
*Necessitating said youths to move to new schools
*Force young people to adjust to a new residence and municipality
*Take said youngsters away from their friends
Ergo, the parent possessing designs on moving away cannot simply “get up and go.” Said individuals must appeal to the adjudicating body and be given permission to execute such actions.
Reasons Relocation Is Requested
In many cases, the parent appealing for a relocation request does so for legitimate purposes. Such reasons include family issues, job relocation or professional promotion. That said, less commonly the spouse wishes to make such moves for a variety of malicious intents. It is up to the adjudicating body in question to determine the validity of the appealing ex-spouse’s rationale.
The Relocation Application Process
In accordance with Utah child custody regulations, the proposed relocating parent must ask for court permission if they plan on moving 150 miles or more from the non-custodial parents of the child or children in question. Typically, if the non-custodial parent agrees to the move, the court will likely sign off on the proposal.
That said, the noncustodial parent will not always be amenable to such circumstances and decide to contest the plan. When these conditions arise, the court must intervene. The parent wishing to move away must appeal to the court at least 60 days prior to their planned relocation.
Once the applicant notifies the court, the adjudicating body in question will then set aside a time to for all parties to be heard. Each side will present their case. Following this phase, the adjudicating body will render a decision that it feels best meets the best interests of the children involved.
Typically, if the court approves the move, said adjudicating body will ask both the custodial and noncustodial parents to reformulate a parenting plan that governs issues like visitation and various financial obligations.
The Importance Of Retaining an Ogden Child Custody Lawyer
If you are divorced and are presented with a relocation opportunity or have learned that your ex-spouse is considering the notion of moving away, the lawyers at our firm strongly urge you to contact us. Relocation can be a tricky subject and, if not done in accordance with specific regulations, could have significant legal consequences and, above all, could cause irreparable harm for the children involved.
