Relocation During or After Divorce
How Relocating Affects Custody & Support
Most child custody, child support, and visitation agreements involve parents and children who live relatively close to one another. However, if you or your child’s other parent decide to relocate, your existing agreement will need to be modified. At Rudolf A. Jaworski Jr. PC, we have the skill and experience needed to guide you through the relocation process. Whether you want to move with your child or challenge the relocation of another parent, we will take the necessary action to assert your interests and protect your rights. Please contact us at 978-307-7087 in Danvers, Massachusetts to discuss your case.
Helping Clients Work Through Divorce Relocation Issues
The basic standard for relocation is whether the move is a real advantage to the child or children. While this may seem like a relatively simple determination, the process is not necessarily automatic. There are an assortment of issues that must be carefully considered, including child support, parenting time, visitation, child support payments and much more.
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At RA JAWORSKI PC, it is our job to make sure these issues are fully addressed and effectively dealt with before any relocation is approved. Whatever side we are on, we ask important questions, including:
- Why is the parent moving? Is there a better job opportunity? Is the parent moving closer to relatives?
- How will the move benefit the children? Are there good schools in the area? Will the child be closer or farther away from friends and family?
- How will this affect parenting time and support? Can the child see the other parent during holidays and vacations? Can a parent decrease child-support payments in order to offset the cost of traveling?
We understand that every relocation case is unique and will always fight to protect your interests. Whenever possible, they will attempt to negotiate a mutually acceptable resolution. If this fails, they will not hesitate to pursue the matter in court.
The Role of Guardian ad Litem
The ultimate goal in any relocation and custody matter is to protect the best interests of the child. To do this, some judges will appoint a guardian ad litem to investigate and report to the Court.
A guardian ad litem serves as an investigator for the judge regarding the child or children involved in the case. He or she will investigate the situation, talk to the parties, and make a recommendation to the court regarding the best course of action. Their recommendations are not binding, but they tend to be relied upon by the court. It is therefore very important to have an attorney who is familiar with both the process and the guardian ad litems themselves by your side. Their recommendations also serve to make sure parents do not use relocation and modification as a means of “getting even” with one another.
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