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Post-divorce child relocation considerations

In the process of starting their lives over after experiencing a divorce, many Utah residents find themselves with the need and/or opportunity to relocate. Problems can arise, however, if that person is the custodial parent of a child. That is why it is helpful to be aware of child custody issues that can arise when preparing to relocate one’s child after divorce.

The parent attempting to initiate a move with his or her child is ultimately responsible for justifying the relocation to the child’s other parent, as well as the family law court in many instances. An important part of guaranteeing that one’s move-away motion to be granted is to illustrate that the appropriate preparations and considerations have been made. Not only will the custodial parent need to plan for the child’s perspective schooling and daycare, but he or she will also be expected to account for the child’s access to relatives and friends, in addition to a number of other considerations.

The custodial parent’s ability to show that he or she is planning for the child’s future needs and well-being is important to the court, since the ultimate goal of the court is to act in the best interests of the child. Another factor that the court will consider is the custodial parent’s reasons for wanting to relocate the child. Effectively illustrating that one is not acting out of the urge to limit and/or inhibit contact between the child and the noncustodial parent may contribute to one’s motion being granted.

Acting in good faith is a crucial part of gaining the legal right to move with one’s child. An attorney can help parents follow the necessary steps to have their move-away motions granted.


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