Do you have a legal case for your custody relocation?

A divorce may bring you freedom from a broken marriage, but it can also bring extra challenges. These begin with the stress of the divorce itself, but they don’t stop there. Especially for parents, divorce can add complications that sit with you for years, such as when you want to move.

Custodial parents can’t just move as they wish. If you have custody of your children and want to relocate them out of the state, you need to get permission from the other parent or an order from the Court allowing you to do so. And you may find yourself facing a new custody hearing.

Custody relocation petitions may lead to custody modifications

Unless the other parent agreed, Delaware custody law requires the moving parent to file for a custody modification if the change might affect the child’s time to and from school, activities, and/or contact with the other parent.

This means that if you hope to move — and you suspect your ex may try to prevent the move—you want to show how your relocation will satisfy the requirement that the move is in your children’s best interests. Notably, there are two different standards:

If you are thinking of moving, you need to know what the Court looks at in allowing or denying a request to relocate.

The court may sympathize with your desire to move but the burden is high, especially if the other parent opposes the relocation. There are a lot of valid reasons for parents to move after a divorce and some may be more compelling and carry more weight than others.

To discuss your options and what factors the Court looks at in relocation cases, contact our experienced Family Law attorneys who will gladly walk you through the possible scenarios and discuss your options.