Your Ex Wants To Take Your Child Out Of State: What Can You Do?
Child custody can be among the most emotionally challenging legal situations. When you are a parent, you want to spend as much time with your children as possible; joint custody after a divorce limits that time for both parents.
So now, as a parent, you hear words that you have dreaded: “I want to move out of Michigan and take the kids with me.” What can you do? Luckily, divorced spouses can’t just up and move the kids to Florida on a whim. This is why having the best family law attorney in Michigan is key to protecting your rights and your children’s well-being.
When your ex petitions the court, you will have to go through a relocation hearing, which can be just like a brand new custody case. Moving can create serious revisions to parenting time, and if your ex is moving, you can bet your parenting time might become severely limited, if you don’t have the right legal representation.
There are 6 major factors taken into consideration when a judge conducts a relocation hearing.
Will the move improve the child’s quality of life?- Child well-being is the main focus of any custody hearing.
Have both parents adhered to the existing agreements?- This is one reason following guidelines is key. If you have violated the custody agreement in some way, that could impact your case negatively.
Have you taken advantage of your parenting time?- What do you do with your children? Do you take time to bond? Do you spend quality time with them?
Can a new parenting schedule be agreed to?- If the judge permits the move, can you and your ex work out an agreeable schedule?
Is your motive to block the move selfish?- Could you be more concerned about support payments than the welfare of your child. Hint: pay your support. That’s the best argument against this.
Is there a history of domestic violence?- If so, the judge will take this into heavy consideration.
The bottom line is this: When you got divorced, you were awarded a specific parenting schedule and responsibilities. You don’t need to accept your ex’s desire to move if that move would strip you and your child of your time together.
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