Rockville Relocation Lawyer
While the terms of a divorce decree are final, the court has the power to alter that decree in the future under certain circumstances. This formal alteration of the divorce decree is the only way the parties can make certain life changes, including relocating children to a different state or area. It is up to the divorce court to determine if the move is for legitimate purposes or merely an attempt of one parent to punish the other.
Understandably, relocation proceedings are often hotly contested. If you are considering a move with your children, it is vital that you let a skilled child custody attorney assist with the process. The odds are good your former spouse will rely on the guidance of legal counsel. A Rockville relocation lawyer can help ensure your rights are protected throughout the process.
Providing Notice of a Potential Relocation
A parent adhering to a parenting plan entered by the divorce court cannot simply move without notifying the other parent. For any attempt to move the children away from the non-custodial parent, the law requires formal notice in most cases. Typically, one parent must give the other 90 days’ notice for any proposed move. This notice requirement gives a Rockville parent the opportunity to contact a lawyer familiar with relocation cases.
There are limited exceptions to the 90-day rule. First, there is no requirement of notice for parents that are in fear of abuse from their ex-spouse. This abuse could be directed at either the parent or the children. Second, certain financial emergencies could make it impossible to comply with the 90-day rule. For example, any parent facing eviction or foreclosure is unlikely to have 90 days before they have to leave the premises. In these cases, it is important to provide notice as soon as possible.
The requirements for these notices can vary depending on the jurisdiction, so legal guidance is crucial throughout the relocation process. A mistake regarding the notice process may negatively impact a parent’s chances of successfully relocating with their children.
The Relocation Process in Rockville
Once the petitioning parent and their lawyer in Rockville have notified their former spouse, it is up to the court to determine if the relocation will affect the current custodial arrangement and how. Typically, this involves a hearing with all parties present.
The first step of the relocation process requires the parent seeking relocation to show that they intend to move for a legitimate reason. There are many reasons a court could find legitimate, including to be closer to family or to accept a new job. Even a legitimate reason for a move will have an impact on the best interest of the children and the court will take into account all the factors pertaining to the analysis of the best interest of the children and where they should reside.
Once the parent establishes their reason for relocating, the court must consider if this location is reasonable. It is one thing for a parent to claim they are moving due to a job change; it is another thing entirely if the proposed relocation point is to get closer to family than the current residence. Ultimately, the primary factor the court must consider is the best interests of the children. If the judge determines a move is best for the children and their upbringing, the court will enter a new court order.
Discuss Your Options with a Rockville Relocation Attorney
If you are considering a relocation, it is important you speak to legal counsel right away. The process can be long and frustrating, especially if you attempt to take it on by yourself.
A Rockville relocation lawyer could ensure that you avoid all unnecessary delays during the relocation process. Call right away to learn more.
