Relocation Factors Courts Often Consider
The Effect of Relocation on Child Custody Arrangements:
Where one parent moves a long distance away from the other parent, difficulties often arise. Some parties specifically adopt UCA 30-3-37 (a long distance parent time statute) to address it. However if the parties cannot agree that the children should be relocated, that often creates a basis for one party to attempt to change child custody. Unfortunately, the Utah Supreme Court and Court of Appeals have not given us a clear indication of how to analyze this scenario when sorting out the child’s best interests. However, in 2010, the judges were trained on certain factors the court should consider, including:
- History of Involvement by Noncustodial Parent (including post separation)
- Regular quality time, attending activities, medical visits, etc.?
- Geographical Distance
- More than 1 hour drive (75 miles) interferes with continuous spontaneous parenting.
- More likely to fundamentally alter bond between parent and child.
- Financial burden, which families may not be equipped to carry to maintain relationship
- Cognitive and Emotional Status of the Child
- Has child shown distress, anxiety, etc?
- Special needs heightening benefit of 2 parent care?
- Psych condition that move would exacerbate (e.g., ADHD impact on loss of structure)
- Degree of child’s coping skills?
- Attachment of the Child to the Parents (not other way around)
- Is there clear difference in level of attachment to the parents?
- Who does child rely on when anxious or sick or in need?
- Does child articulate difference in trust level?
- What has the level of conflict been between child and parent?
- Basically, who is the psychological parent?
- Psychological Health of Both Parents
- Either parent have mental illness? (mental illness = poor parental coping with the move)
- Competent parenting by a nearby nonresidential parent is not sufficient to buffer the adverse effects of custodial parent pathology and poor parenting on children
- High levels of parental stress = poor child coping with move or other life event
- What has moving parent done to actively promote child’s relationship with the other parent, before and after move?
- Is the custodial parent hostile or dissatisfied? (This is associated with restriction of visits)
- Can custodial parent actively help young child refresh/retain memory of absent parent?
- Is noncustodial parent psychologically healthy? Will they help child adapt to relocation?
- Psychological Adjustment and Parenting Skills of Nonmoving Parents
- Active and appropriate parenting by both parents will enhance ability of noncustodial parent to maintain relationship.
- Has the noncustodial parent demonstrated little/no interest in kids? If so, move may have little/no negative impact.
- Is nonmoving parent neglectful, abusive, violent, mentally ill, dangerous, inadequate? If so, young children may struggle but be protected from damage that exposure to chronically harmful parent.
- Extent and Focus of Conflict
- Are parents capable of insulating child from conflict?
- Has parent attempted to convince child of his/her perspective in relocating?
- Has the moving parent excited child about move prior to matter being decided?
- If high conflict is present continually, relocation may eliminate repeated trauma of violence or aggression and may be beneficial
- History of Child or Spouse Maltreatment
- Is a powerful predictor of mental health and coping ability
- Only parallel parenting (not joint decision making) is advise
- Relocation may be consistent with the need for fewer transition times for the exchange of the child, less communication and more structured parenting time.
- Motivations for Choice to Move
- Moving parent have stable home/employment prior to choice to move?
- Moving parent voluntarily quit gainful employment/give up housing etc.?
- Choice associated with stress resulting from initial separation?
- Choice due to wish for “emotional support” or new romantic relationship?
- Motivated by valid or invalid fear of other parent?
- Nonmoving parent been cooperative in providing financial and co parenting support?
- Is the move unavoidable?
- Motivated by custodial parent’s wish to thwart other parents relationship with kids?
- Can the moving parent appreciate the potentially negative impact on the children, including the relationship with the other parent?
- Age of the Child
- Changing age and development of child should be a substantial change in circumstance to alter the parenting plan post location
- Older children’s preferences should be considered
- 0 to 7 months – if custodial parent relocates, attached relationships with other parent unlikely
- 7 to 24 months – infants and toddlers need regular interactions to create/maintain their relationships. Relocation resulting in absence of this weakens or eliminates attachments to nonmoving parents.
- 7 to 36 months wil experience depression and anxiety with loss of attachment figure. They do not have the cognitive and communication skills to help them cope with the loss.
- Older children (at least age 3) have increasingly better ability to cope.
- Recency of Separation and Divorce
- Recent marital separation can be additional trauma
- Child’s Degree of Involvement with Community and Extended Family
- Higher Harm associated with:
- Younger age of children
- High noncustodial involvement
- Lower individual resources (coping skills, attachment figures) available to child
- Poor coping skills by the custodial parent
- Longer geographical distance of relocation
- Recent marital separation
- Less Harm is associated with:
- Older ages of children
- Low parental conflict
- High individual resources (coping skills, attachment figures) available to child.
- Good coping skills by custodial parent (e.g., willingness to promote relationship with other parent)
- Shorter distance