What is the Procedure for Child Relocation?
The child relocation procedure is unique but complex process in the United States and internationally. If you are a parent who wants to move to another state within the United States or another country abroad state family law court is still the only jurisdiction to give legal permission unless a person petitions a higher court.
The reason for the complexities is that each state or each country has its own statutes, laws policies and procedures for implementing a child relocation order. The family court is mainly concerned about the effects of relocation on the child with the care taker coming next. Most states discourage child relocation as not in the interest of the child. However, there are different factors that a court considers in the relocation process.
If you want to relocate with your child or your ex-spouse is trying to locate and you want to fight the process, you need to contact us to protect your rights, because once a child is relocated, especially to a foreign country, undoing the process is a long and time consuming difficult process.
What Does the Court Consider in Allowing Relocation?
In order for a court to grant your request for relocation you have to adequately explain the reasons why it is necessary and not just because you want to. These reasons usually include economic, remarriage, or health or family matters.
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Most importantly, you have to explain how the change in custody will not have a psychological impact on the mind of a child. This includes documented evidence from psychologists, consolers, teachers etc. If you are fighting the relocation you have to do the opposite and get the professionals to document how it will harm the child.
Considerations Regarding the Welfare of the Child in the U.S.
Whenever a family law relocation case is heard in open court in front of an American judge, it is assessed for any possible discrepancies or other legal issues. A judge should consider a child’s attachment with their parents and other mental and emotional realities. Moreover, if a child is old and intelligent enough, then the court possibly could ask about the child’s wish to stay with one caretaker over another.
The judge also takes into consideration of the caregiver’s ability to meet all the financial needs of the child. The court then may ensure that consent to relocate a child by any one of the parents is given. Then the court takes into consideration if the relocation hinders the face-to face time sharing with the child.
Get the Best Resolution of the Case
If you are currently involved in relocating, then you must know that time taken by the court to give the decision will differ from case to case. Family law varies from state to state and country to country and resolution of the issue depends on the nature of the case. Resolution of the case also depends on your choice of law firm. Bukh Global has vast experience dealing with such complex cases in the United States and abroad.
Our highly-educated and experienced lawyers will do the best job to get the decision delivered in your favor regardless if you are seeking relocation or fighting it. Bukh Global is the firm for you!