How to Win a Relocation Custody Case
The best way to win a relocation custody case is to take a proactive approach. In other words, make sure that you know how to get an Order of Protection, obtain a properly drafted stipulation to appoint a forensic evaluator, prepare for a lengthy trial, and make the best decisions for your child.
Obtain an Order of Protection for domestic violence victims
If you have moved from one state to another and are facing an alleged abuser, you may need to obtain an Order of Protection. This is a court order that requires the alleged abuser to stay away from you and your family and to limit their behavior.
You can obtain an Order of Protection by filing a petition in the circuit clerk’s office of the county in which the alleged abuse took place. Several counties allow you to use the Sheriff’s office to serve the petition.
After the court clerk reviews the petition, you’ll be asked to appear in front of a judge. The judge will then decide whether to issue a protective order. During the hearing, you’ll have the opportunity to testify about your allegations and cross-examine witnesses about the abuser.
In some cases, the court will grant a temporary order of protection. This type of protective order lasts until the full court hearing. It is important to attend the hearing in person. Obtain a copy of the Order of Protection and keep it with you at all times.
Alternatively, you can file a protective order in the state where the abuser lives. However, the judge will not have personal jurisdiction over the out-of-state abuser.
In some states, there is a counseling provision that requires the abuser to attend a specific number of counseling sessions. There is also a “stay-away” distance, which is usually between 100 and 300 feet.
Before you begin, you’ll want to get all the information you can about the new state and its rules for obtaining a protective order. Your county may have a victim advocate in the prosecutor’s office who can help you with the process.
Depending on the state, there may be fees associated with obtaining a protective order. You can also request free legal services by calling a legal aid agency.
It is a good idea to leave copies of your protective order at your home, your workplace, and with your friends and family members. Ideally, you’ll leave copies with sympathetic neighbors and at the schools your children attend.
Obtain a properly-drafted stipulation to appoint a forensic evaluator
It is not always easy to acquit yourself in a high stakes custody battle. One way to improve your odds of landing the coveted prize is to obtain a properly drafted stipulation to appoint a forensic evaluator. A reputable evaluator should be able to provide an objective evaluation of the child’s welfare as well as an accurate cost estimate for child care and child support. The forensic evaluator may also be tasked with the more mundane tasks of collecting and organizing documents and records. If you are tasked with a more granular and hands on role, be sure to have your evaluator on call when your court is in session.
A forensic evaluator is no small feat. In some jurisdictions, obtaining one is as much a logistical nightmare as a legal nightmare. But it does not have to be. In fact, it can be one of the most fulfilling experiences of your life. And while obtaining a forensic evaluator may be a logistical nightmare, the reward is well worth the effort. While a forensic evaluator is not for everyone, it does offer a significant advantage in the event that you decide to move. Not only does a forensic evaluator make moving a whole lot easier, it can make the relocation a smoother transition.
Consider the best interests of the child
If you are considering a relocation, you must prove to the court that it is in your child’s best interest. There are a number of factors that courts will consider when making this decision.
One of the first questions that a court will ask is about the quality of the relationship between the custodial parent and the non-custodial parent in the past. Another question is about the parent’s willingness to foster the relationship. They may also inquire about the children’s relationships with their extended family and community.
The distance involved in moving can have a negative impact on the parent’s ability to spend time with the child. This is especially true for younger children. It is difficult to make such a decision. A move to a safer neighborhood can be more beneficial for the child.
In addition to the physical needs of the child, a move away can impact a child’s emotional and developmental needs. This can impact the parenting plan and the parent’s motives.
Several states have a laundry list of factors that a court will look at when determining the best interests of a child. New York state has no specific weighting system for these factors.
As with any other child custody case, a parent is required to prove that a move is in their child’s best interests. Depending on the circumstances, the non-custodial parent may be required to search for cheaper housing or to show evidence that a better school is in the area.
When making this type of decision, the court should give due consideration to the primacy of the parent-child relationship. Children are vulnerable and are not equipped to handle the challenges that a change in their family situation can bring. Therefore, it is important that the court make the right decision.
For help with a relocation custody case, contact a lawyer who can provide you with the help that you need. Your lawyer will be paid by both parents based on the income of the parents. By learning more about the legal requirements of a relocation, you can be more prepared for your child’s future.