Relocation comes up frequently in custody proceedings as parents' lives change and opportunities open up for employment, remarriage, or the need to reside closer to family.
First, there are no restrictions on the right of a parent to relocate. The Court can only restrict a child from relocating.
Second, the basic standard for relocation in Idaho is that the moving Parent has the burden of proving Relocation would be in the best interests of the child before moving in violation of a previous Custody arrangement.
If a parent has sole legal/physical custody of child and full custody with limited or no visitation to the other parent then they can typically relocate without Court consent. The key is whether or not it would violate a previous custody arrangement. For example, if both parents reside in the same community but the father only sees the child two days a year, a relocation out of state would have no real impact on his visitation rights.
However, if the relocation would impact a previously ordered custody arrangement then it is very possible that the Court may limit the relocation of the child -- dependent on the facts of the relocation. Any time you have joint custody where one parent sees the child on a frequent basis, it is less likely that the Court would approve a relocation unless the facts show it is in the child's best interest to relocate.
Please note that if you move before receiving permission from the Court, the Court can order that you return the relocated child.
Finally, relocation is a difficult question that may require Court approval prior to the move. As a result, it is always a good idea to discuss your relocation with an attorney prior to moving and obtain any necessary court orders allowing the move.
First, there are no restrictions on the right of a parent to relocate. The Court can only restrict a child from relocating.
Second, the basic standard for relocation in Idaho is that the moving Parent has the burden of proving Relocation would be in the best interests of the child before moving in violation of a previous Custody arrangement.
If a parent has sole legal/physical custody of child and full custody with limited or no visitation to the other parent then they can typically relocate without Court consent. The key is whether or not it would violate a previous custody arrangement. For example, if both parents reside in the same community but the father only sees the child two days a year, a relocation out of state would have no real impact on his visitation rights.
However, if the relocation would impact a previously ordered custody arrangement then it is very possible that the Court may limit the relocation of the child -- dependent on the facts of the relocation. Any time you have joint custody where one parent sees the child on a frequent basis, it is less likely that the Court would approve a relocation unless the facts show it is in the child's best interest to relocate.
Please note that if you move before receiving permission from the Court, the Court can order that you return the relocated child.
Finally, relocation is a difficult question that may require Court approval prior to the move. As a result, it is always a good idea to discuss your relocation with an attorney prior to moving and obtain any necessary court orders allowing the move.
