Adoption 101: The Legal Fundamentals

Relocating And Child Custody: 3 Ways To Prove That The Relocation Is In The Children's Best Interest

6 September 2016

Brayden Miles

Divorce rates are high, with about one out of every two marriages ending in divorce. If you and your spouse can no longer reconcile the relationship, filing for divorce will be beneficial for not only your mental health, but the change in environment can also be beneficial for your children. If you plan on relocating after the divorce, getting full custody over your children may be more difficult, as most courts generally tend to have a desire to award custody to the parent staying. This is to prevent the children's lives from having to struggle with dramatic changes. To be granted full custody, you'll have to prove to the court that the relocation will be in your children's best interest. Here are 3 ways to accomplish this goal.

Increase in Salary or Benefits at New Job

Financial stability and security is important. If the court is already swayed to your favor as you have proven to have the highest motivation and ability to care for the child, the courts might be further convinced to relocate the children if the relocation means a better job. This might mean that the job comes with a higher salary, better benefits, or even more flexible hours. A statement from the company regarding the conditions and terms of your employment will generally be sufficient evidence.

Added Familial Support from the Extended Family

A divorce can be difficult for the children, as they'll have to try to adjust to a new environment or a change in lifestyle. Familial support from the extended family can be of great help. If you're moving to be closer to family that is interested in helping you care for and raise the children, the courts may deem the relocation to be in your children's best interest. Get testimonies from extended family members regarding their interests in helping you raise your children and also if they have any agreements with you in place, like offering to babysit on certain days.

Security of a New, Stable Relationship

Most courts want to place children with parents that have stable relationships, as the relationships often create better environment for the children to grow up in. This is especially true for young children, as they'll be able to get a better idea of how a healthy relationship functions and works. A new partner can also provide emotional care and support to the children.

If you're looking to relocate and would like to be granted full custody of your children, speak to a divorce lawyer as soon as possible. It's important to gather as much evidence as possible to build a strong case that can be presented to the courts. You want to prove that the relocation will be in the children's best interest and that they will gain more from relocating with you than from staying with your former spouse.

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