Divorce, while emotionally fraught and stressful, is sometimes necessary. When a relationship breaks down beyond repair, divorce is often a practical solution that can stop further pain and suffering. When children are involved, it is not always obvious that divorce is the best option, as parents continue to fight to stay together even when the relationship is irrevocably damaged.
When a couple with children decides to divorce, there are practical implications and ramifications that need to be considered for the agreement to be lawful and practical. Perhaps one of the most pressing issues to consider in a joint custody arrangement is if there will be limits on where either parent can move.
Can One Parent Stop The Other From Moving?
When a marriage ends in divorce, it is not uncommon for those involved to want to move away to get a fresh start. Other than moving to a different house in the same town or the same distance away from the other parent, this may not be immediately possible.
In fact, in some states, a parent with joint custody needs court permission to move if the other custodial parent takes issue with the idea. In short, a father can stop a mother from moving—or vice versa. The court will take into account both sides of the issue and decide what is allowed in accordance with the best interests of the child.
How Far Can A Parent Move With A Child?
If a parent wants to move far enough that visitation for the other parent and schooling becomes difficult or impossible, the courts are often the best (although not an easy) means to a solution.
The courts will look at the best interests of the child when coming to a decision. This will include a number of factors such as the quality of the relationship between a child and the parent, which can be very difficult to thrash out.
Can An Ex Stop The Other Parent From Moving Away?
An ex-partner cannot technically stop the other parent from moving. In practice, however, the legal system may get involved if there is joint custody of children. A parent could try to stop the children from moving if the move would impact their visitation rights.
Moving can be particularly difficult for children of divorced parents from a military marriage. Given the slightly higher percentage of military marriages that end in divorce, every military mother or father is bound to worry about how far-flung postings will affect children after a divorce. Assistance from a legal professional is imperative in this situation so that everyone understands their rights as well as those of the other parent.
Divorce And Child Custody
No one imagines that their relationship will end when they are starting a family. Yet, while the divorce rate in the U.S. is declining, it still happens.
Knowing your rights is of the utmost importance. It helps reduce the amount of stress and pain during an already emotionally difficult time. It can also help keep emotions on a more even keel so that the impact of a divorce on children is minimized, and there is a greater chance that a positive family life can be forged going forward.
Good legal representation can make all the difference for a family undergoing a divorce. It is also something to consider when trying to regain custody of a child as a biological parent after it was placed for adoption.
When it comes to children, everyone wants what is best for them—and the legal system is there to help support this goal. It is not interested in punishing parents in unhappy marriages or hostile divorces where each side tries to score points against the other.
It is far more beneficial to have as amicable a relationship as possible during and after a divorce. Good communication between parents inevitably leads to a better mutual understanding more quickly—and reduces the impact on children.