Going through a divorce is not an easy thing. You have to deal with many things, especially if there is a minor child involved in the case. So, if you are planning to get a divorce in Idaho with a child, you need to know about a few things. While you may have child custody, relocating can be a difficult task for you.
Your ex-spouse may stop you from making this move even if there is nothing in the divorce paper. Therefore, if you want to relocate with your child, there are a few things you need to know about that we will cover in this article.
Go Through the Conditions of Your Divorce Papers:
The very first thing you need to do is look at your divorce paper and thoroughly go over the terms of your divorce. Child custody orders may differ within Idaho, as the court can give one of the following judgments:
- The parent does not have the right to relocate at all without the permission of the court or your ex-spouse
- The parent is allowed to relocate within a radius of 50 miles subject to the other parent’s permission or court order
- The parent cannot relocate to a different state without the permission of the court or your ex-spouse
In many cases, the court doesn’t properly address the issues relating to child custody. It is why you can have a vague idea when it comes to relocating with your child. Nevertheless, it is better to go through the paper of your divorce in Idaho and then speak to the other parent about it.
Court’s Involvement in Relocating With Your Child After Your Divorce in Idaho:
As per statistics, Idaho had 3.9 divorces per thousand inhabitants in 2019. Although the number saw a decrease from the past decades, it is still high considering the population change. If the matter of relocating with your child ends up in court, the court will focus on coming up with a resolution that is in favor of the child.
Therefore, the court will go over many different aspects to consider the impact of the relocation on the child. For instance, you are getting a better job opportunity that is offering you higher pay and better health coverage; it can be a strong point in your favor.
The judge can determine that relocating will give your child a better standard of living. Hence, they might give the decision in your favor to relocate with your child.
Influence of the Other Parent in the Child’s Life:
Another key factor that the judges consider is the involvement of the other parent in their kid’s life. The court will look at how relocating can impact the time that the other parent spends with their child. Therefore, they will be a bit reluctant to give a judgment that will result in a decrease in the other parent’s involvement in the child’s life.
If the other parent spends a significant time with their child on their day off and has a good relationship, then the court will not be in favor of granting the primary custodian the permission to relocate. It will deprive the child and the other parent of the time that they spend together.
However, if the case is different and the non-custodial parent does not spend a lot of time with their child or lives at a distant place, then the relocation will not have a significant effect on the parent and the child’s relationship. Therefore, the court might consider granting permission to relocate with your child.
In any case, it is imperative to have a written agreement with the other parent with acknowledgment from both parties. You must not move without the court’s permission or the proper documentation with the other parent as it can result in the court taking the child’s custody away from you.
Changes after Relocation:
Once you choose to relocate due to a new job or any other reason, it will have significant changes in your life. If it increases the other parent’s expense to meet their child, the court might order you to bear those expenses. In addition, they can also reduce the child support to give the other parent relief.
It might also upset the school schedule of the child. All-in-all, all these factors will come into play once you plan to relocate with your child after divorce.
Hire the Best Lawyer in Town:
If you want to relocate with your child after your divorce in Idaho, then contact the law offices of Boise Family Law. Our attorneys have complete experience in handling such cases to give you the proper guidance for your child’s relocation case.