Consent Agreement Form for Relocating with Children after Divorce

Full question:

Do you have a consent agreement form for relocating with children after divorce?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: National

Answer:

Unfortunately, I am unable to locate the form you requested. Terms for relocation are often specified in a divorce decree or parenting plan. If the parent who has physical custody wants to move, and the other parent protests, the courts in most states have the authority to decide, on behalf of the children, whether the custodial parent may move.


The courts typically consider the following factors:


Whether the move will improve the child's school or community. Whether the parent's motive was to harm the non-custodial parent. Whether the non-custodial parent's motive in resisting the move is to harm the custodial parent. Whether the non-custodial parent will still be able to have ongoing and significant contact with the child. The nature of the non-custodial parent's contact with the child so far. In cases that denied the move, a consistent theme is that the other parent has spent many hours each week with the child, consistently showed up for all his or her visitations, and established a close, supportive, and loving relationship with the child. The effect, either way, on the child's contact with grandparents and other people who are important influences in his or her life, as well as contact with the child's native culture.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can seek to prevent someone from being around your child if you believe it poses a risk to their safety or well-being. This may involve obtaining a court order or modifying existing custody arrangements. Factors such as past behavior, criminal history, or any evidence of harm will be considered by the court. It's advisable to consult with a family law attorney to understand your options and the necessary legal steps.