Child Relocation Lawyer in Albuquerque, New Mexico
If a divorced or separated parent has to move out of his or her current location for whatever reason, it will have a significant effect on child custody and visitation. Child relocation is an issue that is very difficult to face, especially for the children who have no choice but to leave their school and friends. But more importantly, they will not be able to see the other parent as frequently as they used to.
Divorced parents have all the right to move and travel anywhere they wish. But the court will have to look into the matter if they intend to bring their children along with them. Before they can, they first have to file a motion to modify the parenting agreement that they signed when they filed for divorce.
If you need to relocate and want to take your children with you, Advocates New Mexico can help. As an experienced family lawyer in Albuquerque, NM, he can file a motion to modify the parenting plan and timesharing agreement that was previously filed in court. We’ll also help you get favorable results.
We can still assist you in the event there’s no parenting plan or timesharing agreement signed between you and your ex-spouse. If this is the case, consult with us to know your legal options. We can help you relocate with your children without breaking a court order.
On the other hand, if you’re the parent who wants to stop your ex-spouse from moving out of the county or state and take all the children, we can be of assistance as well. We’ll help you file the necessary motion to help you avoid issues with your children leaving the state. A motion may need to be filed fast to keep your spouse from doing any drastic move and possibly take the jurisdiction of the child custody case somewhere else.
How We Can Help With Child Relocation
Advocates New Mexico is a family law firm in Albuquerque, NM providing services in family law. C. Joseph Wiseman has expertise working with cases involving child relocation. He will capably represent you in the court and will act swiftly so you can pursue your desire to either move out of the county or state seamlessly or keep your ex-spouse from relocating and take away your rights to visitation. For major changes like these, the court needs to intervene and determine what’s best for the children involved.
If you have sole physical and legal custody of the children, a relocation case may shift the burden to the other parent to prove it is in the best interests of the child not to relocate with you. But problems do occur in cases of sole and joint custody. By filing the necessary motion, the court would have the last say. And after careful evaluation, it will decide for the child. The court can allow the child to leave with the parent or order that the child to stay with the other one.
How the court decides may be based heavily on the parent’s reason for moving. Relocation cases are very difficult because as it disrupts the child’s current environment. It would mean that the child have to end family bonds and friendships. Changing schools, sports, hobbies, and activities may create a negative impact on the child as well.
If you’re the relocating parent, it is very important to meet with an attorney with experience dealing with relocations. Consult with us and we’ll help you with your child relocation case. Let’s work on it together so as to achieve the best results.