After divorce, you might find yourself needing to relocate to a new city or state for a fresh start. Perhaps it is for a new job, better educational opportunities for your children or a desire to be closer to family and friends. Whatever the reason is, relocating with your children is a task fraught with legal and emotional challenges for your family. And among these is preparing for your child custody relocation hearing.
A custody relocation hearing evaluates how the proposed move will affect your children’s well-being. Given its impact on your family’s future, how can you effectively prepare for this crucial proceeding?
Focusing on your child’s best interests
In Kentucky, as in other U.S. states, the court’s primary concern is always your child’s well-being. As the parent requesting the move, you must demonstrate how the relocation will benefit your child. Meanwhile, your co-parent can present arguments against the move. Both sides may call witnesses and present evidence to support their positions.
Anticipating the other parent’s concerns
When navigating the challenges of divorce and child custody, it is important to put yourself in your former spouse’s shoes and try to understand their perspective. Be prepared to answer their questions about communication and visitation schedules. Demonstrating a willingness to cooperate with your former spouse can show the court your commitment to fostering a healthy co-parenting relationship.
Understanding the hearing structure
The judge will consider factors including the reason for relocation, the distance of the move and its potential impact on the child’s relationship with the non-relocating parent. The court will grant or deny the relocation request based on the evidence presented. If approved, the judge will modify the existing custody and visitation arrangements to accommodate the move. In the event that the court denies your claim, you must decide whether to move without your child or stay in your current location.
Navigating your path forward
Preparing for a relocation hearing demands thoughtful consideration of legal factors and a clear understanding of your role as a co-parent after a divorce. As you navigate and lay out plans for your new life, focus on building the best possible future for your family. By thoroughly addressing all aspects of your case, you increase your chances of a favorable outcome.
