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Things to know about child custody orders and relocations

| May 17, 2021 | family law |

Montana parents who are considering relocation will need to deal with modifying their child custody order. Unfortunately, this is not as easy as just submitting a form and getting it approved. Rather, you’ll need to convince a judge to authorize any sort of relocation that’s part of your child custody order.

Common reasons to relocate

After going through a divorce, it’s not uncommon for one or both parents to relocate to a different area. Many times, a relocation will allow the parent to live closer to their extended family members. Other times, this relocation is done to seek a better job or more adequate housing opportunities. However, in some cases, a parent may want to relocate out of spite. This could be to get revenge on their ex or to limit their ex’s access to the children.

The best interest of the child

When you submit a relocation modification request to your child custody order, the judge will make a decision based on the best interest of your child. They will first take a look at the reason behind the move to ensure that it’s in good faith and not out of spite. The judge will also assess the new location and its relation to your former spouse. They’ll want to know if it’s possible for you and your former spouse to still have the same type of shared custody that you already have. In addition, judge will take into account any family bonds that may exist with extended families and what the child wants.

Choosing to relocate after divorce may be something you want to do. In order to determine whether or not it’s in your child’s best interest, you’ll need to ask a judge to modify your child custody agreement. You want to make sure that a judge will allow you to relocate with your existing custody order before making any final plans.

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