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Planning a Summertime Move with Your Children?

Summer is a time of the year when many families move. After all, the children are out of school, and they have time to settle into a new place and meet people before starting at a new school. The parents, too, have the opportunity to settle into a new job at a time when the workplace might not be as busy.

However, if you are planning a summertime move with your children and the other parent has custodial rights, you have to take certain steps to notify him or her. It could be that you end up not being allowed to move.

When moves are granted

Judges may grant parental/child relocations in situations where there are huge and obvious benefits to the children's lives. For instance, a move might be allowed in a case where the moving parent got a substantial pay raise and both parents were struggling to support themselves and their children. Even then, there should be provisions made to minimize the impact of the move on the relationship between the child and the other parent. Ways in which this is done tend to include liberal, extended visitation, including over holidays, and frequent phone chats and video chats.

Parents also need to give proper notice. In other words, you cannot tell your child's other parent, "By the way, I got a new job that pays $50,000 more. It is obviously in Leo's best interest, and we are moving next week." The law requires that parties with a custodial interest have 30 days to respond to a proposed relocation. The more notice you can give, the better for everyone involved.

Going to court is not always necessary

Sometimes, both parents agree that the move is in the children's best interest. They can draw up a new parenting agreement for their lawyers to keep or file with the court, and there is no need to go before a judge to get his or her additional permission for the move.

On the other hand, if one parent argues that the move is not in the child's best interest, then going to court may be necessary.

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