There are many implications to moving in with children after having a divorce. Understanding them deeply can make a lot of difference to come out of this tricky situation.
When parents divorce, they usually work out agreements about things like where the kids grow up and how much time they can spend with each parent. These agreements are bound by law and are made to ensure that both parents play a crucial role in their children’s upbringing.
In this article, you’ll learn about all the legal implications of moving with children after the divorce of the parents. So, let’s begin with understanding the custody and visiting rights!
Custody and visiting rights
There are two types of custody. One is known as legal custody, and the other is called physical custody. To get either of the custody, you need to contact a divorce lawyer in Abbotsford, BC.
The parent who gets the legal custody can decide about a child’s education, healthcare, and religion. Basically, it includes all the important stuff which can impact a child’s future. Whereas, physical custody is about where the kids will live their life. So, for any of them, get in touch with a divorce lawyer in Abbotsford as soon as you can.
Even if one parent gets the physical custody rights, the other parent gets an opportunity to visit their child at fixed times. So, they can spend time with their children on weekends, holidays, or special occasions.
Both custody and visiting rights aren’t fixed! They depend on what’s right for a child’s growth. In fact, when parents divorce, they have an adaptable parenting plan or custody agreement.
Factors for the relocation cases
The factors for the relocation cases are as follows:-
· Distance between
Ask yourself how far you are planning to go. If it’s just a small distance, it can be managed pretty well. But, if it’s a different city or province, it can have a lot of consequences.
· Visitation schedule
Moving away can impact your visitation schedule. If one of the parents has to travel a long distance to see their kids, it gets difficult to stick to the pre-made schedule.
· The child’s relationship
The court does everything in its jurisdiction to ensure that the kids have a robust relation with both parents. If it jeopardizes the relationship with any of the parents, it will not be good for the child’s growth.
· Educational opportunities
You must know about the school situation in the new place. Ask yourself about whether the kids will have access to quality education. The court might want to know all about it!
· Emotional impact on children
Moving after a divorce is difficult for the parents, but not more than the kids. The court will also factor in the impact of the move on a child’s well-being and decide accordingly.
· Reasons for the move
What’s the reason for your move? If it’s a justified reason, like a good job opportunity or your yearning to be closer to your family, it might benefit you. But, if the court finds out you’re just wanting to get away, you might face repercussions.
· Parental moves
It’s a fact that parents don’t always have the best intentions. The court and the judge can decipher it during the hearing; you might face a severe punishment.
· Financial Considerations
This new life comes with a fair share of financial constraints. The court would definitely want to know about how you’ll support yourself and the kids.
· Safety and welfare
Know whether the new neighbourhood is safe for the kids. Alongside this, you should get access to healthcare and other services for the kids.
· Future plans
What’s your long-term plan for the kids? Do you plan to move temporarily or permanently? Ask these questions to yourself because the court will certainly want to know about it.
What are the legal procedures for relocation?
The legal procedures for relocation are as follows:-
- Before moving, let the other parent know about what you’re planning to do.
- Then, get approval from the court regarding the move after the divorce.
- If possible, try to work things outside of the court. Sit out with a neutral third party and try mediation.
- Once the court has decided on something, abide by it wholeheartedly. If you fail to do so, you might have to rethink all your plans, as the court can take harsh action on you.
- Moving with kids involves tweaking your custody agreement. If you are moving, you have to figure out how to accommodate the other parent’s visitation rights. This includes adjusting your schedule or making a new plan.
- Try to have good records during the process. Moreover, make copies of all the exchanges with the other parent, along with the court documents and agreements. You might not know which one come in handy later on.
- Lastly, don’t try to navigate the legal issue all by yourself. Hire a divorce lawyer in Abbotsford, BC, as they will help you in your case.
Final Words
There are a lot of legal implications of moving with children after divorce. You need to know about them in their depth to take care of your children and secure their future. In case, you are finding it hard to do all by yourself, you must hire a divorce lawyer in Abbotsford to help you in your case. So, start your search for hiring the most appropriate lawyer today because they might change your and your child’s future.