The court protects the parents’ right to travel anywhere or live wherever they desire. But things could take a sudden turn if there are children involved. For divorced parents, relocating with children is an entirely different scenario. They can’t just take their children on trips outside the state or country without first seeking permission; much so if they plan to move away permanently.
The law is tasked to protect the best interests of the child, and it will always consider that when making decisions. Most divorced parents have an existing parenting plan filed with the court while some are following a court-ordered custody and timesharing agreement. If such a document is existent between you and your ex-spouse, then the parent who intends to move away has to file a Motion to Modify the Parenting Plan in order to move away with the children.
You have to tell the court the reasons why the move is going to be beneficial to the child. If the moving parent is awarded sole legal custody of the child, getting approved for child relocation requires the other parent to prove why it is not in the best interests of the child to relocate. A good child custody lawyer in Albuquerque, NM is necessary to preserve your rights.
Relocating with Children if No Formal Order is in Place
It is a different story if you are relocating with children and there is no formal court order involving the custody and timesharing of the kids. For these cases, the parent who does not live with the children should immediately file a temporary restraining order to prevent the other party to move away from New Mexico without permission from the court. Simply because there is no child custody order existing, the parent who has physical custody is not infringing any contract as the kids move. They will however not gain favor with the Court for removing the child from the other parent and child custody jurisdiction may be retained by a New Mexico Court.
Parents who share joint custody are given equal burden to show whether or not moving the child away is for his best interest. They have to prove to the court why the child is better off leaving New Mexico and why he should be made to stay. To best tell the court of your reasons, you must hire a skilled child custody attorney in Albuquerque, NM to represent you.
At the end of the day, the court will be the one to decide for the child. After both parties rest their case, the court will consider different factors when making a decision, such as family bonds, siblings, friends, school, sports, extra-curricular activities, community, the child’s living arrangement, history of abuse of the parent, and the parent’s mental health. The court may also ask the parents to undergo mediation to see if they can work out the issue by themselves.
Relocating with children can be a very complicated issue. At times, it can be highly frustrating too. To save yourself of the trouble and to ensure that your rights over your child are duly protected, consult with a reputable family law firm in Albuquerque, NM. Advocates New Mexico is more than capable of helping you with your family law cases.