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Can a divorced parent relocate with a child?

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Many people go through the divorce process, and many of these individuals assume that a final agreement or adjudication settles all matters. Though this may be true for property interests, for other legal aspects of a divorce that is not necessarily the case. In child custody matters, for example, an agreement modification may be possible. But when contested, is it possible for you to relocate with your child?

It really depends on the circumstances of your situation. In some instances, a court may look at several factors to determine if allowing the relocation is in the best interests of the child. For example, if you are looking to move out of state, it may be harder to show that it is in the child’s best interests compared to a move that is only 20 miles away from your current residence. However, a court may also consider whether your move is for a better job, more effective education, or for lower cost of living. Again, it is important to remember that the court will render a final decision based on your child’s best interests.

Noncustodial parents have the right to object to a relocation, which would give rise to a hearing at which a judge would hear the reasons for the proposed relocation. Since a move can have a major impact on you and your child, it is imperative that you put forth your arguments in persuasive fashion. An experienced Baton Rouge attorney may be able to help you develop a legal strategy that protect you and your child.

Going through divorce can be extremely difficult. Emotions can render decision-making difficult, and a desire to get back at the other party can lead to animosity and, understandably, cloudy thinking. But by consulting with an attorney, you might be able to hear your options from another point of view and obtain clarity, allowing you to make the decisions that are right for you and your child.

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