Generally speaking, a parent with the custody of a child has to request for permission from the other parent or the court if he or she wants to take a child on a short trip or to move permanently out of New Mexico. Remember that child relocation without due process deprives the other parent of his custodial or visitation rights and the court doesn’t allow that.
If you want to permanently move away from New Mexico, you must hire a good child custody lawyer in Albuquerque, NM to file a Motion to Modify the Parenting Plan. Doing so will free you from all the legal troubles associated with relocating minor children. There’s really no problem with short trips, as you won’t need a court order for that. Simply seek the consent of your ex-spouse and you’re all set. But problems do occur if it is a permanent relocation that you want to happen.
A good child custody attorney in Albuquerque, NM can help you in proving to the court that you need to relocate the child for his or her best interests. That’s basically what the court would like to hear in cases like these. If the court is satisfied with your reasons, then you will be granted the permission to leave the state. Do note though, that the jurisdiction of the child custody case remains in New Mexico even after you move.
To be approved for child relocation, you should clearly state the reasons why you are moving. The court usually frowns on the act of taking the child away from his current environment and being forced to adjust to a new one. It also doesn’t like limiting or removing the custodial or visitation rights of the other parent.
While the court allows parents to move or live anywhere they want, they are not necessarily allowed to take their children with them, as the welfare of the minors are duly protected by the law. The court will ultimately decide if the relocation is going to be beneficial to the child. If the court determines that it is not, it will order for the child live with the parent who is not moving.
The common reason why parents make the move is because they are given a better job opportunity elsewhere. If this is your reason, then the burden of proof is upon you. You have to prove that the child will live comfortably at the new location even if he will have to leave his school and friends behind, as well as see less of the other parent. All of these tend to disrupt the natural environment of the child and affect him in some way.
If you need help in proving your child relocation case, contact us. Advocates New Mexico is the best family law firm in Albuquerque, NM to handle these matters. Consult with our seasoned family lawyer and be informed about your rights. We’ll represent you in all of your family law cases and work hard to achieve the results that you wanted.