Good faith and bad faith in relocation

On Behalf of | Jan 24, 2020 | Family Law | 0 comments

Sometimes relocation to a new town, city or state can open an exciting new chapter in the life of a parent. It should also be an exciting time for the child that relocates along with the parent. However, judges might find fault with the desire of a parent to relocate if the motivations for doing so are in bad faith. If so, a judge might not approve the relocation. 

There are good reasons for a parent to move to a different community. Some parents want to be close to a relative who is sick and may pass away soon. A new job opportunity may have opened up in another state. A parent might have remarried and the new spouse has a job somewhere else. Sometimes parents relocate to move closer to relatives who want to assist in the upbringing of a child. 

Many people might consider such motivations as positive reasons to move somewhere. FindLaw explains that in some states, judges require a parent to supply a statement that describes the reason for the relocation. If a court determines a reason has good faith intentions, it will help the case of the relocating parent and might serve as the determining factor for the court to grant the relocation. 

However, judges may determine that some reasons for relocating are not positive ones. Some parents do not want to reside anywhere near an ex-spouse and just want to get away. In the process, they try to take their child with them. Some people relocate out of spite or revenge toward a former spouse. Judges are more likely to consider these motivations as bad faith reasons for relocation and will probably not approve the move. 

Since judges look for any development that might disrupt the life of a child, if you are contemplating relocation, it might help to have a solid rationale for it. For example, you might want to seek a new, higher paying job in another city or state, but a judge might not approve your move if you are just looking for a new job as opposed to having a job offer already in hand. These are issues that you or other Kentucky parents may want to ask legal counsel about to better understand what a court will look for in a relocation case. 

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