Moving Out of State? How This Can Impact Custody Dynamics
Aug. 5, 2024
The approximate number of people who relocated to the United States was 27 million in 2021, according to U.S. Census data. It happens frequently, but that doesn't make it any less of a dramatic event for both the children and adults involved. If those parties are involved in a custody battle, this situation becomes particularly true. The courts must always consider the child's best interests, including how a move might affect them.
The work that we do at the Law Office of Jana K. Jones, PLLC includes helping our clients understand the way that a court might view their circumstances. We also work with them to help them understand how a move could have an impact on their ongoing custody battle.
Explaining the Legal Process
Our first role at the Law Office of Jana K. Jones, PLLC, is to ensure that our clients fully grasp the role of the court and the way that it will view the custody battle. We wish to help our clients understand a wide range of circumstances that can have an impact on the outcome that they receive. Here are some of the things that we like to go over:
The Function of the Court - The court's function in these situations is the first thing to understand. Why is the court involved in all of this in the first place? It is the responsibility of the court to settle disputes between parties who have an interest in the well-being of the child. The court acts as the referee and decides how to resolve the custody dispute.
Considerations of the Court - There are certain types of factors that the court must consider when weighing how it will rule in a given case. For example, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) gives courts guidelines for handling custody cases involving children who may move across state lines.
Parental Rights and Responsibilities - Parents have rights but also responsibilities when it comes to the rearing of their children. The court will outline your rights and obligations in its ruling.
These are a few things that our clients should understand as they proceed to have their custody case presented to the court. We guide our clients through this each step of the way so that they can best understand what they are potentially getting into and how it may have an impact on their lives overall.
Creating a Smooth Transition for the Child
When moving your child across state lines, it’s important to focus on making the transition as smooth and safe as possible. Moving can be challenging for both kids and adults, so preparing for potential issues in advance is key to easing the process.
A few things that the parties in a custody battle can do to make this easier on the child include the following:
Practice Effective Communication - It can be difficult to communicate with the other party in your custody dispute. There are likely some raw feelings between you and that individual. However, you need to set that aside for the good of your child. Effective communication helps to keep everyone on the same page and makes it easier to create an effective plan that works for everyone.
Co-Parenting Plans - Creating a detailed plan that clearly defines each parent's roles and responsibilities helps keep everyone happy. As long as everyone knows their responsibilities, things will proceed more smoothly. The plan specifically ensures that everyone has a reference to resolve any disagreements that might arise.
Alternative Dispute Methods - Rather than always running to court over every single type of dispute, it is generally better to use an alternative method of conflict resolution. This saves time and money and can ultimately result in a better outcome for those involved.
These tools can create a smoother outcome for the child involved in a custody dispute. They help the adults reach a more satisfactory resolution and ensure that the child remains a priority throughout the process, which is crucial to remember.
Additional Considerations
When planning an out-of-state move with your child, you must try to think about all of the various factors that will impact their lives. Consider how changing schools, finding stability in a new state, and dealing with the emotional impact of moving to an unfamiliar area will affect them.
It’s easy to focus on how a move affects adults socially, emotionally, and financially. However, you must consider the impacts on the child as well. The court will take all of that into account when making its final decision.
Remember, you can always get a professional team to help as you navigate this. We are happy to help you get through this turbulent time of life and come out the other side. For more information and to get started today, please contact us to set up an initial consultation.