With so many people relocating annually for new jobs or new lives, important questions about fathers’ rights, concerning custody and move-away issues, remain unresolved. Here is some information, about child custody and relocation, for dads to consider and discuss with their custody attorneys.
Relocation is not just a fathers’ rights issue, it’s a family rights issue.
Although there are instances where the father is the custodial parent and the mother is fighting the father’s relocation, most commonly, it is the other way around. For simplicity, it will be assumed that the mother is the parent contemplating relocation.
Child Custody Laws Vary By State
Each state has different laws about divorce and child custody, and these laws change over time. That is why it is so important for fathers to consult their own attorneys about their own specific custody cases. This article is an attempt to inform, not to give legal advice.
Child custody rights are complex and varied.
A good lawyer is needed to fight a mother’s relocation and to keep a father involved in his child’s life. Yet, no matter how unfair it seems, sometimes the current laws will not support a father’s right to see his own child regularly. Every situation is different.
Custody Rights
According to the article, “Family Law – Relocation with Children,” by attorney Maury D. Beaulier (2006), it is important to know the specific laws and procedures used to fight a relocation, and to follow the proper steps in order to retain visitation rights.
Here are some requirements, issues, and terminology commonly used in various states:
- Notification: In some states, a mother must notify a father well in advance of her intended move. States that require notification have different rules about when a mother must notify the father. Sometimes a mother can move anywhere within state with no notification and some states say that a mother cannot move more than 150 miles without notification, and so on.
- Objection: In states where notification is required, a father will often file an objection (to the relocation) or file a motion seeking to stop the mother from relocating.
- Consent and Order: Some states require notification and (the father’s) consent to allow the move. In states which require consent, where both parents do not consent (agree) to the move, a mother might bring a motion seeking the court’s permission to move.
- Sometimes, the mother's motion includes a request for a change of custody.
Best Interest of Child
What factors are taken into account when determining what is in the best interest of a child? Some states spell out exactly what should be taken into consideration, when making a decision about relocation, and some states don’t, but here are a few common areas of interest to the courts:
- The child’s age
- The relationship between father and child
- A father’s involvement in his children’s lives
- How a move might interfere with the father-child relationship
- Other people in the child’s life, such as siblings or extended family
- How the move might benefit or harm the child
- The mother’s reason for relocation. (If moving for employment, could she get similar job nearby? Is her intent to harm the father’s rights and deny him access to his children?)
- The impact upon the father (in time and money), to see his children
- A mother’s failure to follow a court order
Preventing a Move
It is usually easier to stop a move from happening, than to reverse a relocation after the fact. It is important to act quickly. Fathers, who are still involved in divorce proceedings, should include provisions about relocation in their divorce documents.
These are just a few of the factors to think about before meeting with a custody attorney. It is not always possible for a father to stop a relocation, but finding a good divorce or custody lawyer may give a dad a chance.
Information from this article is not intended to be a substitute for advice from a lawyer, financial planner, therapist, or other professional. Please consult a lawyer or other professional for specific advice.
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Resources:
Beaulier, Maury D. Attorney at Law. "Custody: Relocating with Minor Children", 2006. hg.org.
Beaulier, Maury D. Attorney at Law. "Fighting Relocation with Children", 2006.
Christina Gregoire - Christina Gregoire writes about divorce, fashion, and baby boomers. Her forte is explaining complex ideas in simple language.
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