For the past few years, you have been complying with the terms of the child custody agreement that went into effect upon your divorce. You have a good track record, and no significant issues have come up.
Now you have the opportunity to take the next step in your career, but the job the company is offering you will mean relocation, which will disrupt the existing visitation routine you have with your son. Will the court see fit to modify your child custody agreement?
Valid reasons
Relocation is a fairly common reason to request child custody agreement modification. Courts will often consider it a valid request if it involves a better job or a better housing opportunity, if it places you closer to other family members, or if the relocation would still enable you to have regular visits with your child.
Best interests
If the court grants your request, it will be because the reason for relocation will still support the best interests of your son. However, if the other parent opposes your move and has legitimate reasons for doing so, the court will weigh whether the proposed relocation is likely to disrupt the child’s life.
Court considerations
The court will review several factors in considering your petition for agreement modification:
- The distance between the new home and the old home
- Whether your relocation will improve or at least sustain quality of life relative to the child
- The age of your son and his maturity level
Keep in mind that depending on his age and ability to answer, the court may want to talk to your son about the move in order to better determine how it will affect him.
Turning the page
You can rely on an experienced attorney to help fashion your modification petition. In so doing, the attorney will remind you that the court sees cases of all kinds and understands that changes occur in everyone’s life. Your good track record will put you in good standing, and if the court deems your request as reasonable, you have every reason to expect that the judge will grant your petition for child custody modification.
