There is no specific statutory law governing the relocation of a custodial parent and child, the courts usually rely on established legal tests to determine what is in the best interest of the child.
(PRWEB) February 04, 2016
“As a family law attorney, some of the more complex issues that I deal with involve a custodial parent attempting to geographically relocate with his or her child after being remarried or after a job related transfer,” said Claudia Zucker, the recipient of the Martindale-Hubbell Client Appreciation Award based on her rapid response to client issues and ability to guide her clients through very difficult times. “Because there is no specific statutory law governing the relocation of a custodial parent and child, the courts usually rely on established legal tests to determine what is in the best interest of the child.”
For those who are experiencing relocation issues, Zucker answers the following three pertinent questions:
No. 1: Is the move in the overall best interest of the child? It is important to note, adds Zucker, that the courts are always reluctant to allow any geographical relocation that would harm the child emotionally, socially, academically, or financially. If it’s believed that the relocation is necessary due to better employment opportunities for a parent is a false pretense, then it is likely to be denied by the court. Furthermore, if it can be established that the custodial parent can find a similar job with nearly equal compensation in his or her current residential area, the courts are again likely to deny the request for relocation.
No. 2: How will the relocation affect the relationship between the non-custodial parent and child? If a child has a particularly close relationship with his/her non-custodial father, for example, and his custodial mother wants to move away for better employment opportunity, better schools, or improved housing, the courts will have to balance the impact upon the parent-child relationship and the benefit of the relocation for the child(ren).
No. 3: What are the rights of a stepparent? When a custodial parent remarries, the courts consider the new stepparent’s role to be significant in the lives of his or her stepchildren. “However, this is not an overriding concern of the court, as a stepparent’s rights are not equivalent to those of a parent,” said Zucker. “If the stepmother or stepfather claims that there exists a need to relocate their family to another county or even a different state altogether, this could be a very difficult case. The rights of parents and the parental bond is superior than the needs of a stepparent in relocation cases.”
About Claudia Zucker, Law Offices of Claudia Zucker
If one is going through a challenging family law matter such as divorce, separation, or a child custody dispute, family law attorney Claudia Zucker is here to help. Attorney Zucker represents people in Northern Virginia, including those in Arlington, Fairfax, McLean, Alexandria, Falls Church, Vienna, Manassas, and residents in all cities within Fairfax County, Loudoun County, Arlington County, and Prince William County. For more information, please call (703) 522-5629, or send Claudia an email at claudia(at)zuckerlawfirm(dot)com. Her office is located at 1840 Wilson Blvd., Suite 205, Arlington, VA 22201.
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