When you are divorced, you have a lot going on and there are times that you have to look at your life and the life of your child in order to make the right decision. When you are sharing your child with your former spouse, there may be some almost impossible decisions that you’re met with. For instance, you may have the desire to relocate to be closer to your family or you may have a job offer in another state.
When this wish to relocate exists, child custody can become a very complex issue. This is especially true when the relocating parent is the custodial parent. However, it can still be difficult if the relocating parent is the non-custodial parent wishing to still have some kind of regular visitation schedule with the child. This means it is up to the courts to decide and your Bloomington family law attorney can help you through the process.
When The Court Decides
The court does not like to change child custody agreements, especially if the agreement in place has been a successful one. Unfortunately, the parent that is submitting the petition to the court for change because of relocation must persuade the court that the change is, in fact, in the best interest of the child. The court can then consider a number of factors before making a final decision of whether or not to amend the custody agreement. The factors that they consider include:
- If the child has any siblings and what their relationship is like with those siblings
- Whether or not the child’s educational development will be impacted because of the move
- How easily a relationship can be maintained between the child and their non-custodial parent
- The child’s preference when it comes to moving with the relocating parent
- Whether or not the child’s quality of life will improve with the move
- The reasons presented to the court by the opposing parent
If the court does not see any benefit to the child, then they may not grant the relocation. However, it is possible for the child to decide to stay with the non-custodial parent so that the custodial parent can move. This then results in a change in custody. In most cases, the parent wishing to move will not. If the parent wishing to move is the non-custodial parent, certain provisions may be put in place regarding when the child visits, the duration of those visits, and how the child will be transported there. Depending on the change, child support can also be altered.
Parenting Time And Child Support
Child support is based upon parenting time. There are three categories:
- Less than 10% of the time
- 10 to 25% of the time
- 45% of the time
Of course, the parent with less parenting time is going to pay more child support than the parent who spends more time with their child. Your Bloomington family law attorney will review this with you when you are pursuing child support or a change in support due to a change in parenting time.
Contact A Bloomington Family Law Attorney
If you are a parent needing to relocate and alter a child custody agreement or you need to keep your former spouse from altering that agreement, you need the Burns Law Office to help you. Our experience with divorce law and family law gives us a unique look into how the court makes its decisions and we can use that information to help you. To schedule your free initial consultation, call us today at (952) 898-6834 or fill out the contact form so someone from our office can contact you.